DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi
CONVENIENT SHOPPING CENTRE, 1st FLOOR, SAINI ENCLAVE, DELHI 110092
Consumer complaint no. - 875/2014
Date of Institution-26/09/2014
Date of Order - 02/08/2016
In matter of
Mrs. Sangita Jain, adult
W/o Sh. Rajesh Kumar Jain
R/o-B-267, G1, Panchwati Colony, Nr Green Field School
Chander Nagar, Ghaziabad, UP………………………..………..…………….Complainant
Vs
1-Balaji Communication
103A, Meghdoot Building,
Nehru Place, New Delhi 110019
2-Nishan Khan
Pro. Of ACCEL Frontline Global IT services
Office- 601-604, Ashok Bhawan,
93, Nehru Place, New Delhi 110019….…………………………………….Respondents
Complainant’s Advocate-Rajesh Kumar Sharma
Opponents- 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
Complainant purchased a Kingston Ram from OP1 on 19/08/2014 for a sum of Rs 4950/- vide Tin no. 07660470171 bill no. 1561. As per complainant, the said Ram was defective so she deposited with OP2 for service on 27/08/2014 vide delivery challan from OP2 which clearly showed that product was damaged.
The said Ram had three years warranty, but OP 2 did not provide any service and returned the Ram without repair. Complainant repeatedly contacted OP2 for repairing her Ram but refused by OP2 by saying that Ram was not serviceable.
By seeing the conduct of OP2, she filed this complaint.
In her complaint, she had alleged that due to illegal and defective services by OP2, complainant suffered mental agony and harassment. She has claimed for refund of cost of Ram and compensation of Rs 50,000/- including mental harassment and litigation charges Rs 15,000/-
After scrutinizing the complaint and evidence filed by complaint, notices were served. Both OPs did not put their appearance nor submitted any evidence. After taking reference from tracking report of Indian Postal depts., case was preceded Ex-Parte. Complainant filed her evidences on affidavit which are on record and not controverted.
Arguments were heard and order was reserved.
Considering Ex Parte evidences on record, deficiency on the part of OPs is established.
We are of opinion that Ram being an electronic item and had short life span. So such items are to be exchanged with the same category and if not available in the electronic market then OP had refunded the cost of the Ram as OP 2 deals in all such product and had knowledge about the product.
OP 2 did not perform their duty rather harassed complainant continuously which proves deficient services when the said Ram was under three years warranty.
Hence, we allow this complaint and pass the following order-
We direct OPs to return the cost of Ram a sum of Rs 4950/-with 9% interest from the date of filing of this complaint till realized.
We also award a sum of Rs 1500/- compensation for harassment for the deficient services of OP with litigation fee Rs 1000/- The OPs to comply this order within 30 days from the receiving. Failing to do so, entire amount shall carry the same interest till realization.
The order copy 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
