DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 277/2017
D.No._____________________ Dated: ________________
IN THE MATTER OF:
VICKY KUMAR,
S/o SH. IQBAL CHAND,
R/o BU-2, PITAM PURA,
DELHI-110034. … COMPLAINANT
Versus
GIONEE, PP TELECALL MARKETING PVT. LTD.,
12/401, 2nd FLOOR, OUTER RING ROAD,
SUNDER VIHAR, NEW DELHI-110087.
ALSO AT: E-9, BLOCK No.B-1, GROUND FLOOR,
MOHAN CO-OPERATIVE INDL. ESTATE,
MATHURA ROAD, NEW DELHI-110044. … OPPOSITE PARTY
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 05.04.2017
Date of decision: 01.11.2019
SH. BARIQ AHMED, MEMBER
ORDER
1. The complainant has filed the present complaint against OP under Section 12 of the Consumer Protection Act, 1986 therebyalleging that the complainant purchased a Gionee Mobile Handset Model No. S-6 PRO from Hi-Fly Infotech 624, Mukherjee Nagar, Delhi vide
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invoice no. 18620 dated 22.03.2017 for a sum of Rs.19,999/-. Thereafter, the mobile handset developed certain fault for which repeated visits at Gionee care i.e. SS Communication on 24.03.2017 and 30.03.2017 and service centre of OP upgraded the software but the mobile handset did not work properly and issue was not completely rectified. The complainant further alleged that the complainant again visited at Godson Enterprises Gionee Care Centre on 27.03.2017 and kept the mobile handset and issued the job sheet and lost the mobile data thrice from the complainant’s mobile handset due to upgrade the software but still mobile handset not working properly and issue remained same as on the first day. The complainant further alleged that the complainant also made complaint at Gionee customer care no. but they gave only verbal assurance and gave no. of the service area manager i.e. Mr. Sunny and provided the no. 8800348555 but phone was not received by Mr. Sunny. The complainant made several mails to customer care but OP not even bothered to reply and the said action of OP amount to deficiency in service and unfair trade practice.
2. On these allegations the complainant has filed the complaintpraying for direction to OP to pay a sum of Rs.19,999/- for the cost of the mobile handset aswell as compensation of Rs.5,000/- for causing harassment, mental agony, conveyance etc.
3. Earlier, OP has been contesting the complaint and has filed written
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statement submitted that the complaint is not maintainable and is liable to be dismissed. OP further submitted that the mobile handset of the complainant was repaired by OP to his satisfaction and was handed over to him and as such there is no deficiency in service on the part of OP in any manner.
4. The complainant filed replication to the written statement of OP and denied the contentions of OP.
5. In order to prove his case, the complainant filed his affidavit in evidence and also filed written arguments. The complainant also placed on record copy of retail invoice no.18620 dated 22.03.2017 issued by HI-FLY Infotech, Mukherjee Nagar, Delhi and copies of service job sheets dated 24.03.2017, 27.03.2017 & 30.03.2017 issued by S. S. Communication, Rohini, Delhi.
6. On the other hand, OP did not file any affidavit in evidence despite giving repeated opportunities and further none for OP appeared on 07.09.2017, 11.12.2017, 03.04.2018, 01.08.2018, 13.08.2018, 14.11.2018 & 09.04.2019 and as such right to file evidence by OP was closed vide order dated 09.04.2019.
7. 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 OP has no defence in their favour as OP has failed to prove any document in support of their
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case. Moreover, the various job sheets issued by the service centre of OP immediately after the purchase of the mobile handset by the complainant clearly shows that there is some inherent and manufacturing defect in the mobile handset. Furthermore, OP in its written statement has admitted that there has been some problem in the mobile handset which was repaired. But OP has failed to prove its defence. Accordingly, OP is held guilty of unfair trade practice and deficiency in service.
8. Accordingly, OP is directed as under:
i) To pay to the complainant for an amount of Rs.19,990/- being the cost of the mobile handset which was paid by the complainant to OP on return of the disputed mobile handset alongwith accessories, invoice and job sheets.
ii) To pay to the complainant an amount of Rs.5,000/- as compensation towards mental agony and harassment caused to the complainant which including cost of litigation.
9. The above amount shall be paid by OP to the complainant within 30 days from the date of receiving copy of this order failing which OP shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the dateof payment. If OP fails to comply with the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
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10. 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 1stday of November, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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