Delhi

East Delhi

CC/55/2016

MD.MIRAH - Complainant(s)

Versus

CARBON MOBILE - Opp.Party(s)

08 Mar 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.  55/16

 

Md. Miraj

S/o Md. Ali Akbar @ Ali Akhatar

R/o X/683, Gali No. 7

Raghbar Pura – I

Gandhi Nagar, Delhi – 110 031                                    ….Complainant

 

Vs.

 

The Manager/Authorised Person

Karbon Mobile Care Service Centre.

Cell Care, D-30, 2^nd Floor

Dayanand Block, Old Patpar Ganj Road

Opp. Jain Mandir, Nirman Vihar

Shakar Pur, Delhi – 110 092                                            …Opponent

 

 

Date of Institution: 02.02.2016

Judgement Reserved on : 08.03.2018

Judgement Passed on: 08.03.2018

 

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 Md. Miraj against Karbon Mobile Care Service Centre (OP) under Section 12 of the Consumer Protection Act, 1986 with allegations of deficiency in service. 

2.         The facts in brief are that on 21.04.2014, the complainant Md. Miraj purchased a Karbon mobile phone model no. A9*, bearing IMEI no. 911211903977677 & 911211903977685 (black colour) from M/s. Sampark Mobile Centre, Ajit Nagar, Gandhi Nagar, Delhi for a sum of Rs. 6,200/- against bill no. 341 dated 21.04.2014 with one year warranty.  It has been stated that suddenly the mobile stopped functioning for which a complaint was made on 24.03.2015 at the service centre of Karbon Mobile Cell care.  He handed over the said mobile to them on the same day for which a job sheet no. KJASPDL108315K25549 was issued. 

            When the complainant went to get the mobile, he was told that the said mobile was not traceable.  Again on 27.04.2015, when the complainant visited the service centre and handed over the job sheet, he was asked to sit outside the premises.  After one or two hours, when he again asked for phone, he was told to handover the job sheet which he has already handed over.  He was thrown out of the service centre.  He made a complaint at 100 number and the police came on the spot.  The complainant, on 28.04.2015 was assured that his mobile will be returned without interference of the police.  However, the same has not been returned. 

            Legal notice of dated 19.11.2015 was given to OP.  Thus, he has prayed for return of mobile phone with compensation of Rs. 80,000/- on account of mental pain and agony.  He has also prayed for legal expenses.       

3.         Notice of the complaint was given to OP.  They appeared, but stopped appearing during the course of proceedings.  Hence, they have been proceeded ex-parte. 

4.         In support of its case, the complainant have examined himself.  He has deposed the facts which have been stated in the complaint.  He has also got exhibited documents such as copy of cash memo/bill dated 21.04.2014 (Ex.CW1/1), job sheet (Ex.CW1/2), admission of Mr. Gaurav Kharbanda on the back side of job sheet (Ex.CW1/3), legal notice (Ex.CW1/4) and its postal receipts (Ex.CW1/5), copy of Adhaar card (Ex.CW1/6) and copy of rent deed (Ex.CW1/7).

5.  

Since the complainant have not been returned the said mobile after service, certainly he has suffered mental pain and agony.We, therefore, order that Karbon Mobile Service Centre shall return Karbon mobile phone model A9* or its equivalent model.If model no. A9* or its equivalent model was not returned to the complainant, the complainant shall be paid a sum of Rs. 6,200/-.Further, the complainant shall be paid a sum of Rs. 5,000/- on account of mental pain and suffering which includes the cost of litigation.

            The order be complied within 30 days from the date of order.  If not complied, the total amount of Rs. 11,200/- shall carry 9% interest from the date of order.  

          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