Delhi

North West

CC/1096/2015

RAVINDER BANSAL - Complainant(s)

Versus

FONE ZONE NXT & ORS - Opp.Party(s)

15 Jul 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM NORTH-WEST,

GOVT. OF NCT OF DELHI

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

CC No: 1096/2015

D.No.____________________                                   Date: ________________

                     

 

IN THE MATTER OF:

 

 

RAVINDER BANSAL S/o SH. VIJAY BANSAL,

R/o H. No. 237, RAZAPUR VILLAGE,

SECTOR-9, ROHINI,

DELHI-110085.                                                           … COMPLAINANT         

 

Versus

 

 

1. FONE ZONE NXT,

    G-34, VIKAS SURYA MALL, MANGLAM PALACE,

    M2K, ROHINI, DELHI-110085.

 

    ALSO AT: G-09, AGGARWAL CITY PLAZA,

    SECTOR-3, M2K, ROHINI, DELHI-110085.

 

2. OMKAR SERVICES (NEW DELHI),

    SHOP No. 223, I^st FLOOR, POCKET D-7,

    SECTOR-6, NEAR VISHRAM CHOWK,

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

 

 

CORAM : SH. M.K. GUPTA, PRESIDENT

               SH. BARIQ AHMED, MEMBER

      MS. USHA KHANNA, MEMBER

  

                                                            Date of Institution: 29.09.2015   

                                                                    Date of decision: 15.07.2017

 

 

 

 

 

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SH. M.K. GUPTA, PRESIDENT

ORDER

 

1.       Complainant has filed the present complaint against the OP under the Consumer Protection Act, 1986 thereby alleging that he purchased a HTC Desire 826 having IMEI No. 357290060543515 of Rs.24,500/- on 29.04.2015 vide retail invoice no. 15816 from OP-1 with one year manufacturing warranty and after some time the said mobile started giving trouble and the complainant immediately contacted OP-1 and the OP-1 asked the complainant to contact the service centre at Sector-6, Rohini, Delhi. The complainant further alleged that the complainant handed over the mobile set to OP-2 i.e. HTC Care Service Centre vide ticket no. 15INA250014109 & job no. Del026-0006642 dated 18.06.2015 and OP-2 kept the mobile and asked the complainant to contact after 1 week. The complainant telephonically/ personally contacted several times the H.Q./B.O./Service Centre, but of no avail.

2.       On these allegations the complainant filed the complaint stating that on the basis of facts and till date the complainant did not get mobile set after repair and has prayed for justice and has also prayed for interest and penalty on the OP on the ground that the

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          complainant has faced harassment, mental tension from the dealer and his associates.

3.       Notices were issued to Opposite Parties through speed post for appearance on 23.12.2015. None has appeared on behalf of OP-1 despite service of notice on 24.11.2015 and 01.08.2016 as per track reports. OP-1 was thus proceeded ex-parte vide order dated 03.05.2016. OP-3 has been proceeded ex-parte vide order dated 14.02.2017, as none has appeared on behalf of OP-3 despite service of notice on 01.08.2016 as per track report.

4.       In order to prove his case the complainant filed his affidavit in evidence and also filed written arguments. The complainant has placed on record copy of retail invoice dated 29.04.2015 issued by the OP-1, copy of job sheet dated 18.06.2015.

5.       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. There is nothing on record to disbelieve the case of the complainant. Moreover, it appears that even after receiving notices of this case from this forum, the OPs have kept mum and have not bothered to answer the case of the complainant. It seems that OP have no case at all in their favour.

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6.       On perusal of the record, we find that complainant made complaint of his mobile to the service enter of OP-2 within warranty period. Though OP-2 had tried to rectify the defect which has been occurring in the mobile phone again and again. It was the duty of the OPs to rectify the defect once for all or to replace the product. A customer/consumer is not expected to file complaint in respect of new product purchased. It is expected that the new product purchased is free from all sorts of defect in the product. In the facts and circumstances of the case as OP-2 has not been able to rectify the problem in the mobile set clearly shows that there has been a manufacturing and inherent defect in the mobile set. Accordingly OPs are held guilty of unfair trade practice and deficiency in service.

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

i)        To pay to the complainant an amount of Rs.24,500/- as the cost price of mobile phone.

ii)       To pay to the complainant an amount of Rs.8,000/- as compensation towards mental agony and harassment caused to the complainant.

iii)      To pay to the complainant an amount of Rs.4,000/- towards litigation cost.

8.       The above amount shall be paid by the OPs jointly or severally to

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          the complainant within 30 days from the date of receiving of this order failing which OPs shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving of this order till the date of payment.  If OPs fail to comply the order within 30 days, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.

 9.      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 15^th July, 2017.

 

 

  BARIQ AHMED                            USHA KHANNA                   M.K. GUPTA

    (MEMBER)                                    (MEMBER)                     (PRESIDENT)

 

 

 

 

 

 

 

 

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