ABDUL KALAM filed a consumer case on 28 Apr 2017 against ACCOL FRONTLINE in the West Delhi Consumer Court. The case no is CC/16/618 and the judgment uploaded on 28 Apr 2017.
GOVERNMENT OF NCT OF DELHI
150-151, Community Centre, C-Block, JanakPuri, New Delhi – 110058
Date of institution: 16.09.2016
Complaint Case. No.618/16 Date of order: 28.04.2017
IN MATTER OF
Abdul Kalam, RZ-05A,Gali No.11, Durga Park, Near Noori Masjid, Nasirpur Palam, New Delhi-110045. Complainant
VERSUS
1. The Manager, Accel Frontline Global it services No.B15, Shanker Garden Vikaspuri, Opp. Metro Pillar No.609, Near Janakpuri West Metro Station, New Delhi-110018. Opposite Party no.1
2. The Senior Executive, Accel Frontline Limited Mobile Service Operation no.132, Greams Road, Second Floor, Marghesa Naicker Office Complex Chennai-600006. Opposite party no.2
ORDER
R.S. BAGRI,PRESIDENT
Abdul Kalam complainant has filed the present consumer complaint under Section 12 of the Consumer Protection Act against the Manager, Accel Frontline Global and another hereinafter referred as the opposite parties for directions to the opposite parties to replace his mobile phone make “Infocus M810 4G 16 GB Gold” with IMEI No.352546061054199 manufactured by Infocus.
The brief relevant facts necessary for disposal of the present complaint as stated are that the complainant on 09.12.15 purchased one mobile handset through Snap Deal for sale consideration of Rs.10,999/-. The mobile was delivered to the opposite parties on 22.06.16 for repairs. They promised to repair and return the mobile within 15 to 20 days. The complainant after 15 days visited the opposite party to enquire above status of his mobile. They asked to contact customer care of the Infocus. On inquiry they told that the repair is under process. The complainant after two-three days again enquired from the customer care. Who told that the mobile will be repaired and returned on 22.07.16. The complainant on 21.07.16 again contacted the customer care. Who promised to repair and return the mobile on 30.07.16. On 30.07.16 when the complainant again visited the opposite parties to enquire above status of his mobile, they told that it will take ten days more in repairing the mobile. Shri Mayank Srivastava, Senior Executive told the complainant that the mobile set will be returned on 12.08.16 after repairs. On 12.08.16 the complainant again visited the opposite parties. Who failed to give any satisfactory reply. On 16.08.16 he again talked to Shri Mayank Srivastava. Who promised that the mobile will be repaired and returned soon. On 25.08.16 he again contacted the opposite parties. Who promised to return the mobile on 31.08.16 . Since then the complainant has been running from pillar to post. But the opposite parties neither repaired nor returned his mobile. He has suffered mental pain and agony as well as loss of the mobile. There is unfair trade practice and deficiency in service on the part of the opposite parties. Hence the present complaint for directions to the opposite parties to replace his mobile handset with a new mobile handset of same make and model and pay compensation for Rs.3,000/- towards cost of fair, Rs.1,000/- expenses on documents, Rs.4,000/- expenses on telephone and Rs.10,000/- for physical and mental harassment and wastage of time.
Notice of the complaint was sent to the opposite parties. But despite service none of the opposite party appeared, therefore, the opposite parties were proceeded exparte vide order dated 22.11.16.
When Abdul Kalam complainant was asked to lead exparte evidence, he tendered his affidavit narrating facts of the complaint. The complainant also relied upon invoice dated 09.12.15, warranty card dated 09.12.15, job sheets dated 22.06.16 and 10.09.16. From the perusal of the documents relied upon by the complainant, it reveals that the complainant on 09.12.15 purchased mobile hand set make “Infocus M810 4G 16 GB Gold” with IMEI No.352546061054199 on 09.12.15 through Snap Deal from VRP Telematics Private Limited manufactured by Infocus for Rs.10,999/-. The mobile became faulty on 22.06.16 and delivered to the opposite parties for repairs on the same day within warranty. Since then the opposite parties have neither repaired nor returned his mobile. The complainant has suffered loss of the mobile. He is also deprived of use of his mobile. He has suffered mentally, physically and financially. There is unfair trade practice and deficiency in service on the part of the opposite parties.
We have heard the complainant and have gone through the material available on record carefully and thoroughly.
There is no reason to disbelieve the unrebutted and unchallenged version and evidence of the complainant. The complainant from the unrebutted version and evidence has been able to show that on 09.12.15 he purchased mobile hand set make “Infocus M810 4G 16 GB Gold” with IMEI No.352546061054199 manufactured by Infocus through Snap Deal. The mobile handset was delivered to the opposite parties on 22.06.16 for repairs. The opposite parties neither repaired nor returned the mobile handset despite best efforts of the complainant. The complainant has suffered loss of the mobile handset. He is also deprived of his right to use the mobile handset. He has also suffered mental, physical and financial harassment. There is unfair trade practice and deficiency in service on the part of the opposite parties.
Therefore, we direct the opposite parties to replace the old mobile handset of the complainant with a new mobile hand set of same make and model or with an upgraded mobile of the same make and model within one month from receipt of copy of this order and pay a sum of Rs.3,000/- as compensation towards mental pain, agony, sufferings and litigation expenses.
Order pronounced on : 28.04.2017
(PUNEET LAMBA) ( R.S. BAGRI )
MEMBER PRESIDENT
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