Delhi

East Delhi

CC/917/2013

JAGDISH KR. SETHI - Complainant(s)

Versus

AMBE ELE. - Opp.Party(s)

15 Feb 2017

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 917/13

Mr. JAGDISH KUMAR SETHI

S/O LATE MELA RAM SETHI,

R/O B-12, CEL APARTMENT, VASUNDHRA ENCLAVE,

1.  

 

                                                                                                                        ….Complainant

Vs

 

CUSTOMER SERVICE HEAD KARBONN,

UNITED TELELINKS Pvt. Ltd.,

39/13 OFFICE 7^TH, MAIN HALL 2^ND STAGE APPAREDDY PALYA,

INDRANAGAR BANGALORE, KARNATAKA- 560038,

 

ALSO AT:

AMBE ELECTRONICS BEHIND PIZZA HUT,

J-40, 1^ST FLOOR, SECTOR-18, NOIDA-201301 [U.P]                                                                                                                                                                                           ….Opponent

 

Date of Institution: 17.10.2013

Judgment Reserved for: 15.02.2017

Judgment Passed on: 15.02.2017

CORUM:

Sh. SUKHDEV SINGH                  (PRESIDENT)

Dr. P.N. TIWARI                          (MEMBER

Ms. HARPREET KAUR CHARYA (MEMBER)

 

ORDER BY: Mr. SUKHDEV SINGH (PRESIDENT)

 

JUDGEMENT

1. Complainant Mr. Jagdish Kumar Sethi has filed this complaint against Customer Services Head Karbonn, United Tele links Pvt. Ltd., and Amba Elecetronics, NOIDA for return of money along with damages.
2. Complainant stated in the complaint that he purchased mobile “Karbonn Smart A12” online through Flipkart.com on 01.04.2013 for a sum of Rs.7,990/-. The phone started facing network problem. He gave the same to the company’s authorized repair centre, Ambe Electronics located in Noida, Sector 18, on July 18, 2013. The officials at the centre committed that the phone will be repaired and given back after a month, however, the same has not been returned, though he made several requests and visits such as- visited on 14.09.2013, 28.09.2013, 04.10.2013 and lastly October 04, 2013. Thus he stated inspite of his several visits, the repair centre has not returned the phone due to which he has suffered damages. Hence, he has prayed for refund of money and damages.
3. Notice of the complaint was given to both the OPs. They were served, but they did not put their appearance, hence they have been proceeded ex-parte.
4. In support of his complaint, the complainant has examined himself on affidavit. He narrated the facts which have been narrated in the complaint along with additional facts stating that respondent be directed to refund the cost of mobile amounting to Rs.7,990/- “compensation of Rs.2000/- on account of harassment, mental pain and agony and Rs.15,000/- on account of cost of litigation”.
5. We have heard the complainant and have perused the material placed on record. From the contents of the affidavit and the documents such as photocopy of the bill placed on record, it is evident that the complainant has purchased a mobile Karbonn Smart A12 (Black & Gun) for a sum of Rs. 7,990/-, however job sheet shows that he has given his mobile at the service centre Ambe Electronics with network problem. From the contents of the affidavit and the job sheet the fact remain that mobile was having the network problem. However e-mails exchanged between the parties show that the service centre has not returned the mobile after repair. Thus the fact remains that the mobile was having network problem and it has not been returned after repair. Certainly there has been deficiency on the part of Ambe Electronics which is the authorized service centre of Karbonn Mobile phone. Since the complainant has remained without mobile, he has suffered damages. The fact that the handset was given for repair by the complainant on 18/07/2013 and even after a period of more than three years the complainant has not received his handset, it would be in the fittest of things if the complainant is refunded the cost of the mobile. Thus, it is ordered that  M/s Ambe Electronics shall pay the cost of the mobile of Rs.7,990/- along with compensation for a sum of Rs. 5,000/- which includes the cost of litigation. No liability is fastened on United Tele Links Pvt. Ltd., as it is M/S Ambe Electronics who has not returned mobile handset. We award sum of Rs. 7,990/- the cost of mobile and Rs.5,000/- for compensation, making total of sum of Rs.12,990/-. Ambe Electronics will pay this amount within the period of 45 days from the date of the receipt of this order. If the order is not complied within the stipulated time, the awarded sum of Rs.12,990/- will carry  6% interest from the date of filing the complaint till realization.

Copy of this order be sent to both the parties as per law.

 

 

        (HARPREET KAUR CHARYA)                                                                         (SUKHDEV SINGH)

 

                        MEMBER                                                                                       PRESIDENT