DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi
CONVENIENT SHOPPING CENTRE, 1st FLOOR, SAINI ENCLAVE, DELHI 110092
Consumer complaint no. - 346/2014
Date of Institution – 06/06//2014
Date of Order - 03/08/2016
In matter of
Mr Manish Mehotra, adult
D-231, 3rd Floor, Jhilmil Colony
Vivek Vihar, Delhi-110032….…………………..………..…………….Complainant
Vs
1-Datawind Innovations Pvt ltd.
Khasra no.- 605, Nr Tata telco Service Stn.
A-Block, Village Rangpuri
New Delhi-110037
2-The Lakshya Tech Solutions Ltd,
S K Enterprises, B-4 Allied House,
Inderlok, Nr Metro pillor 10,
Delhi- 110035……………………..…….………………………………..Respondents
Complainant’s Advocate- Mr Rajesh Kumar Sharma
Opponent- Ex -Parte
Corum- Sh Sukhdev Singh- President
Dr P N Tiwari - Member
Mrs Harpreet Kaur- Member
Order by Dr P N Tiwari, Member
This complaint case was listed for admission hearing on 06/06/2014 but complainant was not present so was listed on 15/07/2014 and was admitted and
notice were issued. Thereafter case was listed regularly but due to ongoing renovation of the Forum, cases was relisted on 07/07/2015 matter and fresh notices were issued. Despite of service of notices, none appeared and case was proceeded Ex Parte.
Brief Facts of the case
The complainant booked a new Akash Tablet online on 19/12/2012 and paid Rs 2999/- through cheque. It was assured by OP to deliver the product within seven days. After much efforts, complainant received said Tablet on 11/09/2013 and paid balance amount Rs 2000/- and a invoice of Rs 4999/- was given.
The said Tablet developed problem within one month of its working and at service centre, it was shown as DEAD Device. Complainant deposited the Tablet with OP2 vide job card no. LKASCDL020J137 on 23/09/2013. Complainant did not get the Tablet even after four months and suffered much physical harassment.
So he asked for return of his amount paid to Op. When he did not get any response, he filed this complaint claiming refund of Rs 4999/- with Rs 20,000/- as compensation and Rs 15,000/- as litigation charges.
After scrutiny of complaint and evidences, notices were served. But due to renovation work was undergoing, the case was relisted and fresh notices were issued. Service was complete but no one appeared nor submitted their written statement and evidences.
After ample opportunity being given, case was proceeded Ex-Parte. Complainant filed Ex-Parte evidences on affidavit and are on record and not controverted.
We took merit of the case and evidences on affidavit, allowed complaint and pass the following order as -
Opponent is directed to refund the cost of the product Rs 4999/- with 9% interest from the date of filing of this complaint till realisation.
We also award compensation and litigation charges to sum of Rs 2500/- for mental agony, pain and harassment caused to complainant due to his deficient services. This amount will be paid within 30 days from the receiving of order.
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 - Member Mrs -Harpreet Kaur- Member
Shri Sukhdev Singh - President
