DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi
CONVENIENT SHOPPING CENTRE, 1st FLOOR, SAINI ENCLAVE, DELHI 110092
Consumer complaint no. - 462/2015
Date of Institution - 30/06/2015
Date of Order - 18/07/2016
In matter of
Mr Jagat Rawat, adult
s/o Sh. DharamPal Rawat
R/o-C 5, Ramprastha, Ghaziabad, UP……..………..…………….Complainant
Vs
1- TSS Service Station
Office F 25, 1st Floor, Preet Vihar,
New Delhi 110092
2- Apple India
19th Floor, Concord Tower C,
UB City 24, Vittal Mallya Road,
Bangaluru.560001…………………..………………….…………….Respondents
Complainant in person
Opponent Ex Parte
Corum Sh Sukhdev Singh President
Dr P N Tiwari Member
Mrs Harpreet Kaur Member
Order by Dr P N Tiwari, Member
Brief Facts of the case
Mr Jagat Rawat, complainant, purchased one Apple I Phone, model no. 5S, Grey 16 GB MM for a sum of Rs 86,375 on 20/01/2014. He took 24 months EMI which he was paying up to April 2015 regularly. A replacement offer was given by Opponent to the complainant on payment of Rs 20,800/-extra.
After one year from the date of purchase of the said I phone, complainant wished to replace his said mobile though it was working and one year product warranty was over. So he paid Rs 20800/- on 20/02/2015 as per advanced receipt annexed by complainant from OP1, TSS service solutions, vide advanced receipt no. ADR2002201504304.
Complainant took his said I Phone to OP1 on 21/02/2015 and as per job card, the said phone had doc related problem and all other functions were working. As the i phone was out of warranty, so OP1 charged Rs 1500/- for the repair which was also paid by the complainant.
The complainant was paying his EMIs up to April 2015. Complainant did not get a new phone in replacement nor his old i phone was returned to complainant which was deposited with OP1.
Complainant has stated in his complaint that a defective product was purchased from HDFC Reliance infocom and has paid sum of Rs 74,225 through his credit card on 20/01/2014. Complainant has prayed for the repair of his I phone or replace with new one. He also claimed compensation of Rs 40,000/- and Rs 15,000/- as litigation charges.
After perusal of complaint, notices were served. OP put up their appearance and complaint copy was supplied but they did not submit written version/statement or evidences despite of giving ample opportunity. The case was proceeded Ex Parte.
Complainant filed his Ex Parte evidences on affidavit which are on record and are not controverted.
Considering Ex Parte evidences on record, and seeing the unfair trade practice of OP1 by charging additional amount of Rs 20,800/ for replacement from complainant, the complaint is allowed and following order is passed.
OP 1 will repair the said I Phone within 30 days from the receiving of this order and give extended warranty of ONE year from the date of handing over the said phone. If OP 1 fails to comply the order in time essence, then OPs shall pay 50% of sum of Rs 74,225/- with 9% interest thereon from the date of filing of this complaint till realization.
We also award compensation of Rs 10,000/ for harassment, mental agony and pain due to the deficiency in services of OP1 and Rs 2000/ as litigation charges.
Copy of the order be sent to the parties as per rules and file be consigned to the record room.
(Dr) P N Tiwari Member Mrs Harpreet Kaur Member
Shri Sukhdev Singh President
