Delhi

East Delhi

CC/583/2016

HARMEET SINGH - Complainant(s)

Versus

ACCEL FRONTLINE - Opp.Party(s)

14 May 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

 

C.C. NO. 583/16

 

Shri Harmeet Singh

S/o Shri Sohan Singh

R/o 57, Govind Park

Krishna Nagar, Delhi-51                                              ….Complainant

 

Vs.    

 

1. Accel Frontline Global IT Services

Plot No. 201, 2^nd Floor, Sagar Plaza

Behind P.S.K., Near Nirman Vihar Metro Station

New Delhi – 110 092

 

2. Infocom Electronics India Pvt. Ltd.

JMD Megapolis, Sohna Road

Sector-48, Gurgaon, Haryana – 122 004                          …Opponents

 

Date of Institution: 04.11.2016

Judgement Reserved on: 14.05.2018

Judgement Passed on: 14.05.2018

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Harpreet Kaur Charya (Member)

 

JUDGEMENT

            This complaint has been filed by Shri Harmeet Singh, against Accel Frontline Global IT Services (OP-1) and Infocom Electronics India Pvt. Ltd. (OP-2) under Section 12 of the Consumer Protection Act, 1986 with allegations of unfair trade practice and deficiency in service. 

2.         The facts in brief are that the complainant booked a INFOCOUS mobile phone on 08.03.2016 by paying a sum of Rs. 6,499/- vide invoice no. 505787/15-18/234450 and received the same. 

            It was stated that after few months, the mobile phone created the problem such as charging & amp. power supply problem standby time short SE3.  The complainant visited the office of OP-1 and deposited his phone on 15.07.2016 and was assured that the phone would be repaired within 7 days, but they did not repair the phone. 

            The complainant sent emails on 18.09.2016 and 19.09.2016, but OP-1 did not give any satisfactory reply.  Even after 3 months, OP did not repair the complainant’s mobile.  Hence, complainant has prayed for directions to OP to refund the cost of mobile of Rs. 6,499/-; Rs. 40,000/- compensation on account of harassment, mental agony and pain and      Rs. 7,000/- towards cost of litigation.

            The complainant has annexed the invoice dated 08.03.2016, job sheet dated 15.07.2016 and emails written to OP dated 18.09.2016 and 19.09.2016 alongwith complaint.

3.         Accel Frontline Global IT Services (OP-1) and Infocom Electronics India Pvt. Ltd. (OP-2) did not appear inspite of service; hence they were proceeded ex-parte.

4.         The complainant has filed evidence by way of affidavit where he has examined himself.  He has narrated the facts which have been stated in the complaint.   

5.         We have heard the complainant and have perused the material placed on record.  The complainant has placed on record the copy of the job sheet stating that within 3 months of purchase, there was problem with the charging.  As, OPs are ex-parte, the allegations made in the complaint have remained unrebutted.  Non-repair of handset despite the fact that the same was under warranty amounts to deficiency in service. 

            Hence, we allow the present complaint and hold OP-1 and OP-2 jointly and severally liable to refund Rs. 6,499/- being the cost of the handset, as they have failed to return the repaired handset to the complainant.  We also award Rs. 2,500/- as compensation for mental agony and harassment alongwith Rs. 1,000/- as litigation expenses.  The order be complied within 30 days.    

            Copy of the order be supplied to the parties as per rules.

            File be consigned to Record Room.

 

(DR. P.N. TIWARI)                                              (HARPREET KAUR CHARYA)

       Member                                                                             Member    

 

            (SUKHDEV SINGH)

                   President