DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016

Case No.07/2016

Ms. Kavita Gusain

House  No.1660, Sector-V,

R. K. Puram, New Delhi-110016                                 ….Complainant

Versus

M/s Croma

D-14, South Extension Part-2,

New Delhi-110049                                                     ….Opposite Party

                                                  Date of Institution      :    07.01.2016        Date of Order    :    23 .11.2017

Coram:

Sh. N.K. Goel, President

Ms. Naina Bakshi, Member

ORDER

Briefly stated the facts of the case are that on 08.01.15 the complainant purchased a Croma Tablet (mobile type) 3G QAD Core 17.8 cm. having model No. CRXT1125Q for a sum of Rs.9649/- from the OP and it was also manufactured by the OP.  She paid the full amount through debit card. Within 3 months of its purchase, it started giving problem viz. touch screen, non-functioning, hanging screen, touch not working, hard touching, not charging, network issue, slow processing, most of the applications did not work, abrupt shut down and hanging while playing video and playing games.  The OP changed the mother board of the tablet with an assurance that no further problem would arise in future with this product but the issues pertaining to charging problem again occurred within few days and the charger was changed with the new one. On the recommendation of OP the product was registered for servicing and repair on 05.04.15, 05.05.15, 12.09.15, 22.10.15, 07.11.15 & 26.12.15 and the repaired product was handed over to the complainant after a long period i.e. after about 45 days.  During the period of 11 months, the product remained with the OP for more than 7 months.  The complainant hardly used the product. The complainant requested the OP to refund the amount or replace the product. The OP’s representative assured that a product of the amount equivalent to the cost decided by them may be refunded but the OP failed to keep its promise despite follow ups and numerous visits. The product purchased by the complainant was well within the warranty period and even after getting major repair by changing mother board which is a key component in any electronic product by the OP it could not become  functional. This is a clear cut case of cheating and fraud committed by the OP to its poor consumer. The product was handed over to the OP on 06.01.16 and at present is lying with the OP.  Hence, the complainant has filed the present complaint for issuance of direction to the OP to refund the amount Rs.9640/- alongwith interest @ 9% per annum from the date of receipt till realization, to pay Rs.10,000/- as damages/compensation to the complainant for causing mental agony, pain and suffering and also Rs.10,000/- as litigation expenses.

Shri Gaurav Pandey, AR of the OP attended the proceeding on 05.04.16 and the copies of the complaint and the accompanying documents were supplied to the AR of OP. Case was adjourned to 06.05.2016 for working out settlement or filing reply. None appeared on behalf of the OP on 06.05.2016. Case was adjourned to 02.06.2016. OP has been proceeded exparte on 02.06.2016.

Complainant has filed her own affidavit in exparte evidence.

We have heard the AR of the complainant and have also gone through the file very carefully.

The complainant has filed the receipt of Rs.9649/- as Ex. CW-1/A (Colly). The complainant has filed the job sheets dated 22.10.15, 26.12.15, 07.11.15 as Ex. CW-1/B (Colly).

OP has the knowledge about the filing of the complaint  but did not chose to contest it.

Averments made in the complaint and evidence led by the complainant have remained uncontroverted and unchallenged. Hence, there is no reason to disbelieve the versions of the complainant.

Product in question is still lying with the OP. Thus, there is deficiency in service on the part of OP.

Accordingly, we allow the complaint and direct the OP to refund the cost of the tablet i.e. Rs.9649/- and pay Rs.5,000/- towards mental agony and harassment undergone by the Complainant including cost of litigation to the complainant.

 The order shall be complied within 30 days of receipt of copy of this order failing which OP shall become liable to pay interest @ 6% per annum on the amount of Rs.9649/- from the date of filing of the complaint till its realization.

Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations.  Thereafter file be consigned to record room.

Announced on 23.11.2017