Delhi

North East

CC/321/2016

AJEEJ AHMED - Complainant(s)

Versus

BEST MOBILE SERVICE - Opp.Party(s)

05 Apr 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.  321/16

 

In the matter of:

 

	Ajij Ahmad E – 17/987, Nehru Vihar Mustafabad, Delhi-110094.	Complainant
	Versus
	Best Mobile Service 119/120, 2nd Floor, Rishab Shree Complex, Satyam Cinema, Ranjeet Nagar Commercial Complex, Near Shadipur Metro Station, New Delhi.	Opposite Party

 

DATE OF INSTITUTION:         JUDGMENT RESERVED ON:               DATE OF DECISION      :

24.11.2016 03.04.2018 05.04.2018

 

N.K. Sharma, President

Ms. Sonica Mehrotra, Member

Ravindra Shankar Nagar, Member

Order passed by Ms. Sonica Mehrotra, Member

 

ORDER

1. The complainant had purchased a mobile LAVA IRIS- X 8, bearing IMEI No. 911433800896731 on 28.02.2015 from Y.K. Telecom, C6, 70 main Bhajanpura Bus stop, Wazirabad Road, Delhi-53 vide bill No. A 1349 dated 28.02.2015 for Rs. 8,400/-. The complainant got the above mobile set insured for two years by OP which was valid from 28.02.2015 to 28.02.2017 vide invoice No. 1349 dated 28.02.2015, duly stamped by Y.K. Telecom for Rs. 840/- . The above mobile set got dysfunctional on 16^th October 2016 and the complainant tried to give this information at Krishna Nagar Office of OP but the office was found closed. It came to his knowledge that the above company has shifted to 119/120 2^nd Floor, Rishab Shree Complex Satyam Cinema, Ranjeet Nagar commercial complex, Near Shadipur Metro Station, New Delhi. The complainant visited the office of the company at Shadipur where his mobile set was deposited with the OP. Initially the OP gave the receiving to the complainant under visiting card. However when the complainant opposed to accepting the same then the receipt was given by the OP on the letter pad on the pretext that jobsheet was not available with the OP. The complainant was directed to contact after some days and as such he visited on 21^st October 2016 when he was told that the mobile is not repaired and was asked to come on 27^th October 2016. Thereafter complainant visited the OP repeatedly on 27^th October 2016, 1^st November 2016, 4^th November 2016 as the mobile was not repaired when finally on 8^th November, 2016 OP handed over the mobile set to the complainant after 20 days. However, the mobile set again got out of order and on 9^th November / 10^th November 2016, for the said problem complainant informed company mechanic Mr. Dharam Kumar and director of the company Mr. Rahul who asked the complainant to deposit the mobile set again on 15^th November 2016 when he was assured to take it back after two days but on 17^th November 2016 he was asked to take it on 18^th November, when he collected the same from the OP. The complainant has intimated that his mobile again got out of order and he again informed the director of the company on 22^nd November 2016 when lastly the complainant was told that there is virus in the mobile and the OP have repaired the mobile already and the conversation was abruptly disconnected by OP. It has been submitted by the complainant that the address of the company on the insurance receipt is at Krishna Nagar, Delhi but the office is at Shadipur, Delhi and there is address of Uttam Nagar, Delhi on Letter pad and this is creating doubts in the mind of the complainant. The complainant had visited eight times to the office of OP and had to leave his important work as well as had to spend money. Further the mobile set remained in the company for one month but complete satisfactory service was not given any time to the complainant which is why his mobile got dysfunctional repeatedly. Further the complainant had to purchase a feature mobile worth Rs. 1100/- and had to spend Rs. 800/- on eight visits to the OP and Rs. 840/- was paid by him for the insurance cover qua the defective mobile. It has also been submitted that due to in-availability of internet, he had to miss important works and the mobile is still out of order. Keeping in view above, the complainant has filed the present complaint and prayed before this Forum that an amount of Rs. 9,300/- be refunded by the company and Rs. 5,000/- as compensation for mental agony faced by him be awarded to him by OP. Further an enquiry be made about the three addresses of the company so that other persons may not face problems.   

The complainant has attached the receipt of the mobile set dated 21.10.2016, given on the letter pad of Royal Gadget Care, 26A, B-Block, Vikas Nagar, Uttam Nagar, New Delhi-59, Noida, wherein it is mentioned that it is being issued because of jobsheet not available and the mobile set was received by the complainant in OK condition on 08.11.2016. Further it was reissued on 15.11.2016.

2. Notice was issued to OP on 15.12.2016 for appearance on 03.01.2017 and it was delivered to it on 11.01.2017 but none appeared on its behalf and as such on 17.04.2017 it was proceeded against ex-parte.
3. Ex-parte evidence by way of affidavit filed by the complainant wherein he reiterated the averments made in his complaint.
4. Ex-parte written arguments were filed by the complainant on 31.01.2018 and oral arguments were also heard on 03.04.2018.
5. We have gone through the matter and perused the document submitted by the complainant. We are of the view that in the absence of rebuttal by the OP, the complainant has established the case of deficiency in service on the part of OP and as such the OP is directed to refund an amount of Rs. 9,240/- (Rs. 8,400/- the cost of the mobile + Rs. 840/- cost of the insurance). We also award compensation of Rs. 5,000/- inclusive of litigation expenses to the complainant payable by the OP. Let the order be complied within 30 days from the date of receipt of this order.            
6. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
7.   File be consigned to record room.
8.   Announced on 05.04.2018

 

(N.K. Sharma)      President

(Sonica Mehrotra) Member

(Ravindra Shankar Nagar) Member