Meghalaya

East Khasi Hills

CC/05/2017

Shri Fayaz AH Sofi - Complainant(s)

Versus

Gadgetz Micromax Service Centre - Opp.Party(s)

27 Apr 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
EAST KHASI HILLS, SHILLONG
MEGHALAYA
 
Complaint Case No. CC/05/2017
( Date of Filing : 27 Jan 2017 )
 
1. Shri Fayaz AH Sofi
Airforce CTN Laitkor Peak- 793010.
...........Complainant(s)
Versus
1. Gadgetz Micromax Service Centre
Opp.UCO Bank, Cresent Plaza, G.S. Road, Police Bazar, Shillong-1
............Opp.Party(s)
 
BEFORE: 
 JUDGES Shri E Kharumnuid PRESIDENT
 HON'BLE MS. Dr. Ms Tarun Kumari Bamon MEMBER
 
PRESENT:
 
Dated : 27 Apr 2017
Final Order / Judgement

The facts of the case was that Complainant on 06.01.2017 gave his mobile handset to Gadget Micromax Service Centre for repairing and the complaint was that the handset was dead and touch broken as mentioned in the service job sheet. Complainant mentioned that at the time of giving the phone for repair though the touch screen was broken but it functions normally, calling was okay and camera was functioning properly. Next morning he received a call from the service Centre who informed him that his phone will not be repaired without his prior consent and that he has to back up data from his phone. On the same day he and his friend went to the service centre to do the data backup. As his phone was not detecting USB, one of the technicians took the phone to working bench behind the main desk. After twenty five minutes he came back with the panel of his phone opened and told him about the repairing expenditure which was more than Rs 7,000. Complainant thereafter refused to get the phone repaired and ask the OP to handover the phone in the same condition as it was given to them. Complainant later visited MI Service Centre at Guwahati who informed him about manuplated tampered condition of motherboard and also the cable network and one screw were missing from his phone. This issue was informed to the service centre at Shillong who refused to take responsibility. Complainant prays before this Forum that the Gadgetz Service Centre, G.S.Road, Shillong be punished for tampering and manuplating his mobile. Notice issued to Opposite Party and was duly received on 27.01.2017 but failed to neither appear before this Forum nor file any show cause. This Forum passed the exparte order against the Opposite Party and heard the Complainant. Decision of the Forum Opposite Party Gadgetz Service Centre by not appearing or file any reply before this Forum implies their adamant attitude towards the Complainant as well as to the Forum which also indicates that the OP had committed deficiency in service by not repairing the mobile if still under warranty to ask from the Complainant and failed to adduce any evidence if at all the serious problem arose since the time the Complainant brought the phone for repair or after taking the data back up as alleged by the Complainant. The repair charge now cost at a higher rate of Rs 7,000 seven thousand rupees which the complainant failed to understand as to how another serious problem arose. OP denied that there was tampered condition of motherboard and also the cable network and one screw were missing from the phone and refused to take responsibility of the same. Complainant prays that the OP should handover the phone in the same condition as it was given to them. In view of the above this Forum has no other options but pass this order in favour of the Complainant. We therefore direct the OP to pay a compensation for the deficiency in service Rs 5,000 to be paid to the Complainant within 30 days from the date of receipt of this Order. The case stands dispose off.

 
 
 
[JUDGES Shri E Kharumnuid]
PRESIDENT
 
 
[HON'BLE MS. Dr. Ms Tarun Kumari Bamon]
MEMBER
 

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