Delhi

East Delhi

CC/819/2015

MOHIT - Complainant(s)

Versus

GADGETWOOD SER. - Opp.Party(s)

12 Jan 2017

ORDER

                         CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

                  CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                  

                                                                                                  Consumer complaint no.         819 / 2015

                                                                                                  Date of Institution                  30/10/2015

                                                                                                  Order Reserved on                 12/01/2017

                                                                                                  Date of Order                          13/01/2017  In matter of

Mr Mohit, adult   

S/o- Sh Satya Pal singh  

R/o  HN 19, Jhilmil Colony

M S Park, Delhi 110093……………………………….……..…………….Complainant

                                                                  

                                                                     Vs

1 M/s Gadgetwood eSrvices Pvt Ltd.

4-A/13, 3^rd Floor, Above TVS showroom

Tilak Nagar, New Delhi 110018……………………………..……………Opponent

 

Complainant …………………………………In Person   

Opponent ……………………………………..Ex Parte

 

Quorum          Sh Sukhdev Singh      President

                         Dr P N Tiwari               Member                                                                                                    

                         Mrs Harpreet Kaur    Member

 

Order by Dr P N Tiwari  Member 

Brief Facts of the case                                    

Complainant had purchased a Gionee Elife E6 (white) mobile having code no. B 2256247 vide IMEI 862704021181824 vide invoice no TIL/13/-14/N/DL/11823958 for a sum of Rs 22500/- from Times Internet Ltd as online portal on dated 08/01/2014 as marked here as CW1/1.                                                                                                                                                                                                                                 

 

Mobile had screen problem, so was Gadgetwood eServices / OP picked up the said mobile from the residence of complainant vide request ID 21960 on dated 19/07/2015 as marked CW1/2 & 2A. It was stated that OP had charged Rs 600/-for service and asked complainant to come after 3-4 days, but despite of repeated visit, the said mobile was not returned by OP. Complainant had also sent a legal notice which was not replied as marked CW1/3. Hence, this complaint was filed for claiming refund of cost of the mobile a sum of Rs 22500/- with compensation Rs 50,000/-for litigation charges.    

Notice was served. None appeared for OP and not submitted written statement or evidences. A postal tracking report was filed which showed that notice was served for the date fixed, but no one appeared, so OP was proceeded Ex Parte. Complainant filed his Ex Parte evidences on affidavit and affirmed that his mobile was deposited with OP and was not delivered despite of paying service charges.

The case was listed for arguments, but OP did not appear for arguments. Complainant’s   arguments were heard, file perused and order was reserved

We have gone through all the facts and evidences on record submitted by complainant, it was evident that his mobile was with OP for repair, but did not get the same. This clearly amounts deficiency of services by OP. Thus, complainant has succeeded in proving deficiency of OP who was an authorized service centre and had picking and dropping services centre besides service centre. We come to the conclusion that complaint has merit and the same deserve to be allowed with the following order—

1. OP is directed to rectify the defects in the said mobile within 15 days from the date of receiving of this order and shall hand over in good working condition, provided if part was replaced then amount shall be chargeable from complainant after giving proper cash memo.  
2. If OP fails in rectifying the defects in mobile, then shall refund the cost of mobile a sum of Rs 22,500/-with 6% interest from the date of filing this complaint till realized.  No other order to cost.  

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