Delhi

East Delhi

CC/174/2015

NITIN - Complainant(s)

Versus

CARBON MOBILE - Opp.Party(s)

08 Oct 2016

ORDER

                 DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

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

                                                                                                  Consumer complaint no.         174 /2015

                                                                                                  Date of Institution     -       16/03/2015

                                                                                                  Order Reserved on                04/11 /2016

                                                                                                  Date of Order         -             07/10 /2016  

                                                                                                        

In matter of

Mr. NitinBansal, adult   

S/o- Sh. Mukesh Bansal 

R/o-316/2, Mohalla Maharam

Shahdara, Delhi 110032 …………………………….……..…………….Complainant

                                                                  

                                                                     Vs

1-M/s Karbon Mobile   

B 30, 2^nd Floor,

Nirman Vihar, Delhi 110092

 

2- M/s Karbonn Mobile        

D 170, Okhala Industrial Area Phase I,

New Delhi 110020…………………………….……………………………Opponents

 

Complainant …………………………………………In person

Opponent 1&2 ……………………………………..Jyoti Sharma  

 

Quorum  –        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 Karbonn mobile A-18+ white on14/03/2014 vide EMEI 911233650429066 for Rs 6900/-. It was assured that the mobile had one year warranty and in case of any problem OP1 would extend services. Complainant used his mobile for 8 months and thereafter some problem occurred.  Complainant lodged complaint on OP1 vide job sheet no. KJASPDL108121448 and was would be repaired within 10 days. Complainant deposited his mobile with OP1, but did not get back even 10 days except assurance was given. Complainant also lodged complaint to OP2 who also gave assurance, but mobile was not returned after repair. Despite of number of visits and sending emails to OPs, none gave satisfactory reply or returned mobile. Hence, filed this complaint claimed compensation of Rs 80,000/-for harassment with litigation charges.

Notices were served. OP submitted written statement and stated that the said mobile had one year warranty and complainant had used for about 10 months without problem.  The mobile had incoming voice problem, as mobile was under warranty with battery with accessories for six month, so OP would provide the service.

Complainant submitted its evidences on affidavit and OP also had submitted evidence through Mr Kapil Kumar on behalf of OP2. Complainant later submitted rejoinder before arguments. Arguments were heard and order was reserved.

We have gone through all the facts and evidence of case. It was admitted by OP that the said mobile had developed incoming voice problem while mobile was under warranty. It was also not denied that the mobile was not with complainant. So, we come to the conclusion that this complaint be allowed and following order was passed.

Order-

1. OP2 is directed to get the said mobile repaired from OP1 within 45 days from receiving of this order and hand over mobile in good working condition to complainant with extended warranty of six month from the date of handing over mobile.

 

1. If OP fails to comply the order in stipulated time, then OP will pay the cost of the mobile with 6% interest from the date of filing of this complaint till realized.
2. There shall be no other award to order. The copy of this order be sent to the parties as per rules and file be consigned to the Record Room.

 

Mrs Harpreet Kaur                                                                                  (Dr) P N Tiwari

Member                                                                                                     Member                                                                                    

                                                 Shri Sukhdev Singh

                                                             President