Delhi

East Delhi

CC/268/2016

VIPIN UPRETI - Complainant(s)

Versus

AMBLEX SEVICES - Opp.Party(s)

26 Jul 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. 268/16

 

Shri Vipin Upreti

S/o Shri Krishna Nand Upreti

R/o 6A/786, Street No. 1

Near MCD Primary School

Mandawali, Delhi – 110 092                                       ….Complainant

 

Vs.    

 

1. The Amblex Services

(The Mobile Care)

R-51, 1^st Floor, Main Vikas Marg

Opp. Pillar No. 44

Shakarpur, Delhi – 110 092      

 

2. M/s. Motorola Mobility India Pvt. Ltd.

Through its Director/Chairman/AR

12^th Floor, Tower-D

DLF Cyber green

DLF Cyber City, Gurgaon

Haryana – 122 001                                                 …Opponents

 

Date of Institution: 25.05.2016

Judgement Reserved on: 26.07.2018

Judgement Passed on: 27.07.2018

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Sh. Sukhdev Singh (President)

 

JUDGEMENT

            This complaint has been filed by Shri Vipin Upreti against the Amblex Services (OP-1) and M/s. Motorola Mobility 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 complainant Vipin Upreti purchased a mobile phone make MOTO-X (2^nd Gen.) having IMEI no. 359283051211695 with warranty of one year from Flipkart vide invoice no. #BLR_WFLD20150400481628 dated 15.04.2015 for a sum of Rs. 29,999/- which was paid in cash on delivery.

            It was stated that after few days of purchase, the phone got stop functioning and did not switch on.  Later on, the camera of phone stopped functioning.  The complainant contacted OP-2 and was instructed to approach its service centre (OP-1).  He visited the office of OP-1 and deposited the phone with them vide job sheet no. ZQJ/MG/15/05198, but after several visits to the office of OP-1 and phone calls to OP-2, the complainant did not get his phone repaired. 

            Legal notice was sent, which was neither replied nor complied.  Hence, the complainant has prayed for directions to OP to refund an amount of Rs. 29,999/- alongwith 18% interest; compensation of              Rs. 1,00,000/- towards mental agony and harassment and Rs. 22,000/- towards cost of litigation.           

3.         Notice was issued to OPs, however, they did not put the appearance inspite of notice.  Hence, they have been proceeded ex-parte. 

4.         In support of its case, the complainant have examined himself.  He has deposed on affidavit.  He has narrated the facts which have been stated in the complaint.  He has also got exhibited documents such as copy of bill (Ex.CW-1/A), copy of job sheet(Ex.CW-1/B), copy of legal notice (sent through email) and other email conversations (Ex. CW1/C colly.) and copy of Aadhar Card of deponent (Ex.CW-1/D).   

5.       We have heard Ld. Counsel for the complainant and have perused the material placed on record.  From the evidence produced such as job sheet (Ex.CW-1/B), it is evident that complainant have deposited the handset with Amblex Services (OP-1) for service.  Job sheet (Ex.CW-1/B) shows that there was a camera problem and the handset was having warranty. 

            The fact that handset was having camera problem which was under warranty and have not been returned by the Amblex Services (OP-1) inspite of having the complainant visited a number of times, non delivery of repaired handset within the reasonable time amounts to deficiency in service on the part of the Amblex Services (OP-1).  No deficiency can be fastened on M/s. Motorola Mobility India Pvt. Ltd. (OP-2) as no manufacturing defect have been reported in the Job sheet.  When the handset has not been returned to the complainant by the Amblex Services (OP-1), certainly, the complainant have suffered mental pain and suffering.

            In view of the above, we direct Amblex Services (OP-1) to handover the handset of the complainant after getting it repaired within a period of one month with extended warranty of 6 months.  They are further directed to pay compensation for an amount of       Rs. 5,000/- to the complainant on account of mental pain and suffering which includes the cost of litigation.

          If the handset is not returned after repair within the stipulated period, the complainant be refunded an amount of Rs. 29,900/-, the cost of mobile set.  The order be complied within a period of 30 days, if not complied, the awarded amount will carry 9% interest from the date of order till realization. 

          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