Delhi

West Delhi

CC/16/269

RINKI - Complainant(s)

Versus

DIGITAL WORLD - Opp.Party(s)

16 Nov 2016

ORDER

CONSUMER DISPUTES REDRESSAL FORUM (WEST)

GOVERNMENT OF NCT OF DELHI

150-151, Community Centre, C-Block, JanakPuri, New Delhi – 110058

 

                                                                                                             Date of institution:12.4.16

Complaint case. No.269/16                                                            Date of Order:16.11.16

In the matter of

 

Rinki ,

A-35, Old Janak Puri,

Uttam Nagar, New Delhi-59.                                                                            COMPLAINANT

 

VERSUS

 

Digital World,

RZ-46A/15, Gali No.2/3,

Main Sagarpur,

News Gandhi Market,

New Delhi-46.                                                                                                        OPPOSITE PARTY-1

 

Karbon Mobiles

39/13, Office7th  Main Hall,

Second Stage Appareddy Palya,

Indiranagar, Bangalore-38.                                                                                OPPOSITE PARTY-2

 

Sheetla Telecom,

B-15, Shankar Garden,

Opp.Metro Pillar No.  610,

Janak Puri, New Delhi.                                                                                          OPPOSITE PARTY-3

 

ORDER

 

R.S. BAGRI, PRESIDENT

            The present complaint is filed by Rinki, herein complainant,  against Digital World and Others u/s 12 of the Consumer Protection At for compensation on account of deficiency in service and harassment.

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            The brief relevant facts for the disposal of the present complaint  are that mother of the complainant purchased one mobile handset Karbon Titanium S202 with IMEI No.911447551005821  and 911447551005839 on 17.8.15 for sale consideration of Rs.5190/- from Opposite Party-1.  The mobile handset developed some fault within warranty  and was given to Opposite Party-3  for repairs vide job sheet NO.KJASPDL212116KR1362 dated 26.1.16.  The Opposite Party-3 told the complainant that the mobile handset will be returned within one week after repairs.  The complainant made several calls to Opposite Party-3 to know status of the mobile handset. But after a month Opposite Party-3 gave another mobile handset to the complainant.  The complainant informed the same to Opposite Party-2.  But they failed to redress the grievance of the complainant.  Hence, the complainant has to keep a damaged mobile handset with different IMEI number.  Hence, the present complaint for directions to the Opposite Parties to replace the mobile handset with a new mobile handset and in alternative refund cost of the mobile handset with interest at the rate of 18% per annum.  She also prayed for compensation of Rs.10,000/- for mental pain, agony and harassment  and Rs.2,000/- as litigation expenses.

 

            Notice of the complaint was sent to the Opposite Parties.  But none appeared on their behalf.  Therefore, the Opposite Parties1 & 3  were proceeded against exparte vide order dated 8.6.16 and Opposite Party-2 was proceeded exparte vide order dated  2.8.16. 

 

            When the complainant was asked to lead exparte evidence, she filed affidavit dated 30.9.16 and relied upon copy of invoice dated 17.8.15 and job sheets dated 25.1.16 and 24.2.16.  She in the affidavit has reiterated her stand taken in the complaint.  She deposed that the mobile handset was given to Opposite Party-3 for repairs within warranty.  But

 

 

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they neither repaired or returned the mobie handset given another defective mobile handset with different IMEI numbers. 

 

            On the perusal of the documents it reveals that the complainant purchased one mobile handset Karbon Titanium S202 with IMEI No.911447551005821  and 911447551005839 on 17.8.15 for sale consideration of Rs.5190/- from Opposite Party-1.  .  The mobile handset developed some fault within warranty  and was given to Opposite Party-3  for repairs vide job sheet NO.KJASPDL212116KR1362 dated 25.1.16.   they neither repaired nor returned the mobile handset an gave another defective mobile handset with different IMEI number.

            We have heard the complainant in person and have gone through the material on record carefully and thoroughly. 

 

            The version of the complainant has remained unrebutted and unchallenged.  Therefore, there is no reason to disbelieve the unrebutted and unchallenged evidence produced by her.  The complainant from affidavit dated 30.9.16, invoice dated 17.8.15 and job sheets   dated 25.1.16 and 24.2.16 has been able to show that one mobile handset of Karbon Titanium S202 with IMEI No.911447551005821  and 911447551005839 was purchased by her  from the Opposite Party-1 for sale consideration of Rs.5190/- vide invoice dated 17.8.15.     The mobile handset developed some fault within warranty  and was given to Opposite Party-3  for repairs vide job sheet NO.KJASPDL212116KR1362 dated 25.1.16.  The version of the complainant that another defective  mobile handset with different IMEI 9114475510058number was given is corroborated by job sheet dated 24.2.16.  Therefore, the Opposite Parties adopted unfair trade practice and there is deficiency in service on their part.  The complainant  is deprived of her right to use the  mobile handset.  She has also

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suffered  loss of mobile handset .  Therefore, we are of the opinion that there is unfair trade practice and deficiency in service on part of Opposite Party-3 and is liable to pay cost of mobile handset and compensation on account of mental pain, agony and harassment and litigation expenses. 

 

            In the light of above discussion and observations,the complaint succeeds and is hereby allowed.   We direct the Opposite Party-3 to pay Rs.5190/- cost of mobile handset and Rs.1000/- compensation for mental pain,agony, harassment and litigation expenses.    

Order pronounced on   :16.11.16

·        Compliance of the order be made within 30 days after receipt of the order.

·        Copy of order be sent to the concerned parties free of cost.

·        Thereafter, file be  consigned to record.

 

 

(PUNEET LAMBA)                          (URMILA GUPTA)              ( R.S.  BAGRI )

  MEMBER                                         MEMBER                            PRESIDENT