Delhi

East Delhi

CC/1025/2014

RAVI RANJAN - Complainant(s)

Versus

CELL CARE - Opp.Party(s)

25 Jan 2017

ORDER

                          CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

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

                                                                                                  Consumer complaint no.       1025 / 2014

                                                                                                  Date of Institution                  14/11/2014

                                                                                                  Order Reserved on                 25/01/2017

                                                                                                  Date of Order                          27/01/2017  In matter of

Mr  Ravi Ranjan, adult   

R/o  10-A, FF,

Krishna Kunj Extn. Part II,

Laxmi Nagar, Delhi 110092…………………….……..…………….Complainant

                                                                  

                                                                     Vs

1 M/s The Cell Care   

D-30, 2^nd Floor, 

Old Patpargunj Road, Delhi 110092

 

2 Karbonn Mobile Co.   

3/13, Off 7^th Main HAL Road,

2^nd Stage, Appareddy Palya,

Indira Nagar, Banguluru 560038 ………………………..……….Opponents

 

Complainant …………………………………In Person    

Opponent 1 & 2 Advo. ……..…………..Ms Jyoti Sharma & Kapil Kumar AR

 

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 through online model no. A-12 black vide order ID no OD31018140932 on dated 19/10/2013 for sum of Rs 4999/ having IMEI no.                                                                                                                                                                                                                                                                                         9113o5401737011 from OP1 / WS Retail Services Pvt Ltd marked as  CW1/1.

Mobile developed problem in back camera after some time, so visited authorized service centre OP2 / Cell care on 03/06/2014, vide job sheet no. 3754 noted problems as “Under Warranty, No power and Back camera problem”. A service problem was noted and assured to return after 7 days marked as CW1/2.

Despite of repeated visit by complainant, the said mobile was not returned even passing of 5 months, so aggrieved and felt harassed thus filed this complaint claiming refund of cost of his mobile Rs 4900/-with compensation Rs 50,000/- for mental and physical harassment. He also claimed Rs 15,000/- as cost of litigation. 

Notices were served. OP2 submitted written statement denying all the allegations of complainant. OP2 submitted that the said mobile was repaired as it was under standard warranty and was timely delivered to the complainant. When complainant deposited his mobile on 03/06/2014 for repair, it had service related problem and was delivered on same day. OP2 stated that their products were in one year standard warranty except battery. The said mobile had no manufacturing defect as it was used over seven month by complainant without any problem.

Complainant filed his rejoinder with evidence on affidavit where he stated in his affidavit as his mobile was with OP1 and was under warranty. The evidences on affidavit submitted by OP2 jointly stated that there was no manufacturing defect and was used for over seven months without problem. Arguments were heard from both the parties, file perused and order was reserved.  

We have gone through all the facts and evidences on record, it was evident that the complainant had deposited his mobile with OP1 for repair, but did not get the same. There was no evidence from OPs to prove that the said mobile was returned after repair. As mobile was under warranty and mobile had service related problems, but the same was neither rectified by OP1 nor mobile was returned to complainant as OP1 was an authorized service centre of OP2 which was near to his house. Not returning his said mobile amounts deficiency of services by OP1. We do not find any liability of OP2.

Thus, complainant has succeeded in proving deficiency of OP1. We come to the conclusion that this complaint has merit and the same deserve to be allowed with the following order—

1. OP 1 is directed to rectify the defects in the said mobile within 15 days from the date of receiving of this order and shall hand over in good working condition with six months warranty from the date of handing over mobile.

 

1. If OP1 fails in rectifying the defects in mobile, then shall refund the cost of mobile a sum of Rs 4900/- with 9% interest from the date of filing this complaint till realized.  
2. We also award compensation of Rs 2000/-for mental and physical harassment. This amount shall include the litigation cost also.  
3. If order is not complied in time essence, entire awarded amount shall carry same interest till realized.    

The copy of this order be sent to the parties as per rules and file be consigned to the record room.

 

(Dr) P N Tiwari                                                                                                          Mrs  Harpreet Kaur                                                                                                       

Member                                                                                                                                        Member                                                                                    

                                                         

                                                       Shri Sukhdev Singh

                                                                       President