Delhi

North East

CC/394/2014

Mohd. Farukh - Complainant(s)

Versus

Data Wind Innovations - Opp.Party(s)

03 Mar 2017

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.394/14

In the matter of:

 

	Shri Mohd Farukh S/o Sher Mohammad R/o 235, Janta Flat Vivek Vihar, Delhi-95.	Complainant
	Versus
1.         2.         3.	Datawind Innovations Pvt Ltd 563, East Mohan Nagar, Dhan Dhan Baba, Deep Singh SI Complex Amritsar (India)- 143001.   Globe Connection & Services Plot No. 23, 1st Floor, Veer Savarkar Block, Opp. Metro Piller No. 60, Laxmi Nagar, New Delhi-92.   M/s NSA Tradex Private Ltd Franchisee of Star CJ Network India Ltd. village Sampka- Jamalpur, Pataudi Road, Tehsil- Pataudi Road, Gurgaon, Haryana-123503. Registered Office:  S-410 Greater Kailash part 2- New Delhi-110048.	Opposite Parties

 

	DATE OF INSTITUTION:	06-09-2014
	DATE OF DECISION      :	03-03-2017

Nishat Ahmad Alvi, Member:-

ORDER

1. By way of present complaint complainant alleges that on 19.5.2014 he purchased OP1 make DATA WIND POCKET SURFER 3GS ANDRIOD SMART PHONE from OP3 for Rs. 5,499/- (Rupees Five Thousand Four Hundred and Ninety Nine only). The phone was purchased in the name of his wife Ms. Moni for her use as well as for using himself. After some time the phone became defective. Its battery backup started creating problems and hand-free logo thereof was visible. Due to which complainant was not able to use the phone. Complainant approached OP2- the service centre and deposited the phone there for repairs on 7.7.2014. Officials of OP2 told that they are sending the phone to OP1 for repairs and complainant can get the duly repaired phone back after 10 days. But the phone was not given back to him after 10 days. Complaint whereof dated 11.8.2014 and its reminder dated 29.8.2014 was not responded to by OP1 and even after passing 2 months the phone is not returned back after repairs. OP2 says that the phone is still in the company and it will take 10-15 days. Till date he has not received the phone. Complainant has prayed for the direction to either get the phone replaced with same model and features brand new phone or for refund of its cost. Complainant has also prayed for compensation for harassment in a sum of Rs. 25,000/- with Rs. 5,000/- as litigation cost.
2. All the OPs were duly served but none of them appeared in this forum despite so many opportunities. Consequently all the OPs were proceeded against ex-parte vide order dated 29.4.2015. 
3. Complainant has filed his affidavit of evidence alongwith relevant documents.
4. Heard the complainant and perused the record.
5. Perusal of invoice dated 19.5.2014 show that OP3 issued this invoice in the name of Ms. Moni safi against sale of DATA WIND POCKET SURFER 3GS ANDRIOD SMART PHONE for Rs. 5,499/-(Rupees Five Thousand Four Hundred and Ninety Nine only). Adhar card bearing No. 603264549640, placed on record show that Adhar Card holder is one Mrs Moni who is w/o complainant and resident of the same address as given by the complainant for himself. Thus contention, of the complainant he being beneficiary of the phone belonging to his wife, is a consumer, is also established.

Perusal of jobsheet dated 7.7.2014 issued by OP2 confirms that the mobile phone was deposited with the complaint with battery backup problem and hand-free logo show. At that time phone was within warranty period. Original jobsheet placed by the complainant on record also establishes that the mobile phone in question is still not been returned to the complainant, meaning thereby that the same is still lying unrepaired with OP1 & OP2. Copy of complaint dated 9.8.2014 and its reminder dated 29.8.2014 alongwith postal receipts show that the same were duly posted on the address of OP1.

6. Thus we find that complainant has established all his contentions in the complaint. On the other hand despite service OPs did not appear and contested the case. Thus all the above evidences remaining uncontroverted are deemed to be proved.
7. Fact of mobile still lying with OP1 in unrepaired condition leads to the conclusion that OPs are not able to repair the same even after being given sufficient time and opportunities. Thus the mobile being not repairable is deemed to have a manufacturing defect for which OPs are liable to either replace the same or refund cost thereof.
8. In the fact and circumstances aforesaid we hold all the OPs guilty for deficiency in service and unfair trade practice and direct them to :-

I.Either replace the mobile phone DATA WIND POCKET SURFER 3GS ANDRIOD SMART PHONE with new sealed pack phone of the same description / features/ model with complete fresh warranty thereon or refund the cost of the same i.e. Rs. 5499/-; and 

 

II.Pay compensation for harassment of Rs. 3000/-; and

III.Litigation cost of Rs. 2000/-.

 

9. All these amounts shall be paid within 30 days from the date of receipt of copy of this order. Failing which OPs shall be liable to pay interest on the cost of the mobile @12% p.a. from the date of purchase till final payment including compensation and litigation cost.
10.  Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
11.  File be consigned to record room.

(Announced on   03.03.2017 ) 

 

(N.K. Sharma) President

(Nishat Ahmad Alvi) Member