DISTRICT CONSUMER DISPUTE REDRESSAL FORUM : NORTH-WEST

GOVT. OF NCT OF DELHI

CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088

CC No: 481/2015

D.No._____________                                                       Dated: _____________

In the matter of:

CHARAN DEEP SINGH AHLUWALIA,

C/O MR. SUNIL KUMAR BHARDWAJ,

WZ-84, MOHAN NAGAR, PANKHA ROAD,

NEW DELHI-110046.                                                                  … COMPLAINANT

VERSUS

1. DATAWIND INNOVATIONS PVT. LTD (SELLER),

    KHASRA NO.-605, NEAR TATA TELCO SERVICE STATION

    A-BLOCK, VILLAGE RANGPURI, (MAHIPAL PUR),

    NEW DELHI.              

2. SERVICE CENTER,

    MOBIFONE,

    G-3/73, SECTOR-16, NEAR JAIN BHARTI SCHOOL,

    ROHINI, DELHI-110085.                                           … OPPOSITE PARTY(IES)

CORAM:   SH. M.K. GUPTA, PRESIDENT

                SH. BARIQ AHMED, MEMBER

                MS. USHA KHANNA, MEMBER

                     Date of Decision: 02.12.2016

SH. BARIQ AHMED, MEMBER

 ORDER

1.       Complainant has filed the present complaint under the Consumer Protection Act, 1986 on the allegations that complainant bought one Ubislate calling Tablet 7C+(Edge) from the OP-1 on 25.12.2014 for Rs.3,398/- and an invoice was issued to the complainant. The complainant further submitted that the product was delivered to him in a damaged shape and was not starting even from day one. On contacting customer care, the complainant was directed to deliver the tablet to service centre at Uttam Nagar and from there the complainant was directed to submit the tablet in Rohini Service Centre and refused to entertain Data Wind Products and accordingly on 02.01.2015 the complainant submitted the product at the service centre i.e. OP-2 for necessary repair. On 24.02.2015 when he went to collect the product, he was informed that the mother board was cracked. The complainant further alleged that on demanding the product back, OP-2 informed that they had broken the phone again and it needs to be repaired again and as such has not received the product. Complainant accordingly sought refund of the amount as well as compensation of an amount of Rs.10,000/- for harassment etc.

2.       Notices were issued to the OPs by Speed post and as per track reports the same were delivered on 05.05.2015. None of the OPs appeared and OPs have been proceeded ex-parte vide order dated 03.05.2016.

3.       In order to prove his case, the complainant filed his affidavit in evidence which is on the identical lines as per the complaint and has also placed on record copies of cash invoice and job sheets dated 02.01.2015 & 24.02.2015.

4.      This forum has considered the case of the complainant in the light of evidence and documents placed on record by the complainant. The case of the complainant has remained consistent and undoubted. Though the name of the purchaser of the product as per invoice is Karan Deep Singh Ahluwalia and the complainant has been filed in the name of Charan Deep Singh Ahluwalia. To clarify the difference in the name, the complainant filed his additional affidavit dated 21.11.2016 to the effect that in the despatch bill the consignor, by mistake wrote the name as Karan Deep Singh Ahluwalia and he got realize the phone and further stated that Charan Deep Singh Ahluwalia and Karan Deep Singh Ahluwalia is the one and same person and that he has been using two mobile numbers. There is nothing on record to disbelieve the case of the complainant. It appears that even after receiving summons of this case from this forum, the OPs have kept mum and have not bothered to answer the case of the complainant. Accordingly both the OPs are held guilty of unfair trade practice and deficiency in service.

 5.      Accordingly, both the OPs jointly or severally are directed as under:

1. To pay an amount of Rs.3,398/- as the price of the product.
2. To pay an amount of Rs. 2,500/- as compensation including litigation cost towards mental agony and harassment caused to the complainant.

6.     The above amount shall be paid by the OPs to the complainant within 30 days from the date of this order failing which OPs shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of this order till the date of payment.  If OPs fail to comply with the order within 30 days, the complainant may approach this Forum u/s 27 of the Consumer Protection Act, 1986.

 7.      Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.

Announced on this 2^nd December, 2016.

  BARIQ AHMED                            USHA KHANNA                           M.K. GUPTA

    (MEMBER)                                   (MEMBER)                                (PRESIDENT)