Delhi

West Delhi

CC/15/788

Ms. Aarti Sharma - Complainant(s)

Versus

Gionee, Syntech Technology Pvt. Ltd - Opp.Party(s)

29 Aug 2017

ORDER

CONSUMER DISPUTES REDRESSAL FORUM (WEST)

                            GOVERNMENT OF NCT OF DELHI

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

 

                                                                                                             Date of institution: 19.11.2015

Complaint Case. No.788/15                                                               Date of order:29.08.2017

IN  MATTER OF

Ms. Aarti Sharma D/O Shri Om Prakash Sharma R/O A-103, Hari Nagar, Near Clock Tower, New Delhi-110064                                                                                                                                                                                                                                                                                             Complainant

VERSUS

 

Gionee, Syntech Technology Pvt. Ltd., F-2, Block No.B-1, Ground Floor, Mohan Cooperative Industrial Estate, Mathura Road, New Delhi-110044                                                                                                                                                                              Opposite party-1

Om Communication through its proprietor, WZ-246, B-1, First Floor,Opp. Pillor no.660, Behind Sony Centre, Main Najafghar Road, Uttam Nagar, New Delhi-110059                                                                                                                                                         Opposite party- 2

Hello-Point through its proprietor, Shop no.30, Main Market, Subhash Nagar,New Delhi-27

                                                                                                                                    Opposite party-3                                                                                                                         

 

ORDER

R.S. BAGRI,PRESIDENT

                          Ms.Aarti Sharma named above herein the complainant has filed the complaint U/S-12 of the Consumer Protection Act against  GioneeSyntech Technology Pvt. Ltd. and others herein after in short referred as the opposite parties  for directions to the opposite parties to refund Rs.10,600/- cost of a mobile handset, pay Rs.3,00,000/- compensation for loss in business and Rs.2,00,000/- compensation for mental agony and harassmentwith averments that she purchasedone mobile handset of make “Gionee G-3+” with IMEI no. 86305702826969385 from theopposite party no.3 on 13.06.2014 for sale consideration of Rs.10,600/- vide invoice no. 2448 dated 13.06.2014.The mobile handset has manufacturing defect,therefore, was not properly working from the date of purchase. The complainant deposited the handset with theopposite party no.3 several times for repairs. But the mobile handset was not repaired to thesatisfaction of the complainant.The complainant lastly deposited the mobile handset with theopposite party no.2 vide jobsheet no..GC15400050008 dated 15.04.2015.Theytold him to visit after two weeks. Butthe handset is neither repaired nor returned.Theopposite party no.2 lastly replaced theold mobile handset with a new mobile handset with IMEI no.865346024131659 on 25.07.2015 with three months extra warranty. Butthe complainant came to know that theopposite party no.2 gave an inferior quality mobilehandset to the complainant. The box of the mobile handset showed configurationsof handset as 1GB RAM and 8GBROM.Whereas the configuration of handset is512MB RAM and 8GB ROM.The complainant lodged complaint with police against theopposite party no.2 on 08.10.2015 . The opposite party no.2 adopted unfair trade practice and gave the second hand set falsely stating wrong configuration. The handset was also having defects. Hence the present complaint for directions to the opposite parties to refund Rs.10,600/- cost of the mobile handset, pay Rs.3,00,000/- on account of loss in business of the complainant and Rs.2,00,000 as compensation for mental agony and harassment and litigation expenses. 

Notices of the complaint were sent to the opposite parties.  But despite service none of the opposite parties appeared, therefore, they were proceeded against ex-parte vide order dated 22.12.2015.

When Ms.Aarti Sharmacomplainant was asked to lead ex-parte evidence by way of affidavit, she filed heraffidavit  narrating facts of the complaint. She also relied upon invoice dated 13.06.2014, job sheets dated 07.09.2014,15.04.2015 and 11.05.2015, copy of FIR dated 08.10.2015, letter dated 28.10.2015 and legal notice dated 03.05.2015 with postal receipts.

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

The version of the complainant has remained unrebutted and unchallenged. Therefore, there is no reason to disbelieve unrebutted and unchallenged version of the complainant. From  unrebutted version and evidence she is able to show that she purchased one mobile handset of make “Gionee G-3+” with IMEI no. 86305702826969385 from theopposite party no.3 on 13.06.2014 for sale consideration of Rs.10,600/- The mobile handset developed fault and was given for repairs to theopposite parties no.2and 3 several times. But they failed to repair the mobile handset.The opposite party no.2 replaced the oldmobile handset with a new mobile handset with IMEI no.865346024131659 on 25.07.2015.Theopposite party no.2 replaced the mobile handset with configuration i.e. 4GBROM. Whereas on boxof the mobile handset configurations is shown 1GB RAM and 8Gb ROM.Hence the opposite parties no. 1 and 2 adopted unfair trade practice and there is deficiency in service on their part. The opposite parties no. 1 and 2 are jointly and severally liable to refund Rs.10,600/- cost of the mobile handset and pay compensation for mental and physical harassment and litigation expenses.

Resultantly the complaint succeeds and is hereby allowed.  The opposite parties no.1 and2 are directed to pay Rs. 10,600/- cost of the mobile handset with interest @ 9% per annum from filing of the complaint till actual realization and Rs. 2,000/- as compensation on account of mental pain, agony and harassment and litigation expenses to the complainant.

Order pronounced on :29.08.2017

• 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)                                                              ( R.S.  BAGRI )

                         MEMBER                                                                            PRESIDENT