Delhi

East Delhi

CC/486/2015

SHUBHAM GUPTA - Complainant(s)

Versus

B2X SERVICE - Opp.Party(s)

30 Nov 2015

ORDER

           DISTRICT CONSUMER DISPUTE REDRESSAL FORUM EAST Govt of NCT Delhi

          CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                       

Consumer complaint no.   486/2015

In matter of

Subham Gupta, adult,  

s/o Sh Chandra Bhushan Gupta (through Father as Attorney)

Flat no.- 21, Engineer’s Estate, IP Extn.

Patpargunj, Delhi 92……………..………………………………………………..…………….Complainant

                                                                    Vs

1-M/s B2X Service Solutions India Pvt Ltd

F-25, FF, Preet Vihar

Delhi -110092

2-M/s Vijay Sales

A-18, Swasthya Vihar, Vikas Marg

Delhi- 92

3-Apple India Pvt Ltd,  

19 Floor, Concord Tower C,

UB city no.-24, Vittal Malya Road,  

Bengaluru - 560001………………………………………………………….…………….Respondents                                                                                                         

                                                                                                       Date of Institution - 10/07/2015

                                                                                                       Date of Order         -      /01/2016                                                                                                          

Order by Dr P N Tiwari, Member : 

 

Brief Facts of the case                                                                                                

Mr Shubham Gupta who is blind since birth has purchased one Iphone handset vide model no 5CMN16GBWHT with serial no F73MR33QFL01 on 31/07/2014 for sum of Rs 36,000/-from OP2,Vijay Sales. The I Phone had one year warranty. OP2 gave full guarantee for any defect if occurred, phone will be replaced. The said phone warranty was extended by OP3.           Page 01                                                                                                                                                                                               

                                             Consumer complaint no.   486/2015

As per complaint, phone stopped working during its warranty period. The complainant went to OP1 as authorized service centre. OP1 told that phone has liquid damages and does not cover any warranty. OP1 told to deposit Rs 20,900/- and he will be given a new phone. The complainant deposited the said amount and a job sheet was prepared which showed Liquid damage. OP1 issued a receipt for additional amount deposited by complainant. Despite of repeated visit of complainant to OP1, refused to give a new set.

When no promise was fulfilled by OP1, complainant filed this complaint claiming cost of handset Rs 36000/-and additional amount Rs 20,900/- for new hand set under warranty. He also claimed physical harassment and mental agony a sum of Rs 40,000/-

After perusal of complaint and evidences filed by the complainant, complaint was admitted and notices were issued to parties through speed post and they were duly served. No one appeared on behalf of OP1 and OP3. OP2 filed their written version but none of the parties filed their evidences. OP1 and 3 were proceeded Ex Parte. Complainant filed his evidences on affidavit which is uncontroverted on record.   

We scrutinized all the facts and evidences placed on record. Respondent 1 has taken charges for replacing set to new one. But no set was given. The complainant is a blind person. He has no occasion to see the condition of hand set. He believed that whatever was told to him and paid the additional amount of Rs 20,900/. It was for the respondent to have produce the cogent evidence that the handset was actually had liquid damage. No such proof filed.  The blind man was further blinded by the respondents. The evidences filed by the complainant on affidavit is uncontroverted. We are of the view that respondents are not only deficient in providing new hand set but also guilty of unfair trade practice.

We allow this complaint. Respondent No. III & I  are directed to pay to the complainant the cost of the phone, Rs36000/-, and Rs.20,900/-, paid by the complainant to Respondent No.I, respectively.

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Consumer complaint no.   486/2015

Both the said Respondents shall also pay 9% interest on their respective amounts which are to be paid by them to the complainant from the date of filing of this complaint till it is finally paid within 30 days from the date of this order.

We further award a compensation of Rs 25,000/- for physical harassment and mental agony suffered by the complainant and it shall also include the cost of litigation.                                                               If the compensation and the cost awarded is not paid by the Respondents Nos.I & III within the stipulated time of 30 days from the date of this order, the amount of compensation and cost shall also carry 9% interest till realized.

The order copy be sent to the parties as per act and file be consigned to the record room

 

 (Dr) P N Tiwari - Member                                                                    Md Poonam Malhotra-Member                   

                                       

                                                   Mr N A Zaidi - President

 

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