Delhi

North East

CC/391/2015

Imran Khan - Complainant(s)

Versus

Globe Connection & Service - Opp.Party(s)

09 Jan 2019

ORDER

 DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 391/15

 

In the matter of:

 

	Sh. Imran Khan S/o Sh. Jamal Aqhtar R/o H.No. 648, Gali No. 26, Jafrabad, Delhi 110053	Complainant
	Versus
1.         2.	M/s Globe Connexion & Service Plot No. 23, 1st Floor, Veer Savarkar Block, Opp. Metro Pillar No. 60, Shakarpur, Delhi 110092   M/s Intex Technologies (India) Pvt. Ltd. D-18/2, Okhla Indl. Area, New Delhi 110020	Opposite Parties

 

DATE OF INSTITUTION:      JUDGMENT RESERVED ON:               DATE OF DECISION      :

02.11.2015 09.01.2019 09.01.2019

 

N.K. Sharma, President

Ms. Sonica Mehrotra, Member

 

Order passed by Ms. Sonica Mehrotra, Member

 

ORDER

1. Brief facts of the case relevant for deciding the present complaint, are that the complainant had purchased an INTEX mobile set on 10.10.2014 manufactured by OP2 from OP1 vide invoice no. 188 for a sum of Rs. 2,600/-. However, after using the said mobile phone, after few months, it started giving problems for which complainant approached the OP1, authorized service centre of OP2 and deposited the subject mobile on 21.08.2015 where he was issued a job sheet bearing no. 508215715067T001 with assurance to remove the problem in the said mobile phone within a week. However after the expiry of week time, when the complainant demanded his mobile phone from OP he didn’t not get satisfactory reply from OP. After that, complainant visited at the office of OP1 many times but the OP1 didn’t repair his mobile phone which the OPs were legally and morally liable to do but instead intentionally and knowingly harassed the complainant. Lastly the complainant was constrained to file the present complaint against the OPs for deficiency of service praying refund of cost of the mobile amounting to Rs. 2,600/- alongwith Rs. 30,000/- as compensation for harassment caused to him, in addition to Rs. 25,000/- as litigation expenses. Complainant has attached copy of invoice dated 10.10.2014 for Rs. 2,600/- towards purchase of mobile in question from S.K. Telecom, copy of job sheet dated 21.08.2015 issued by OP1.
2. Notice was issued to OPs on 02.11.2015. Despite appearance before the Court on different dates counsel for OP1 & OP2 did not file written statement in their support for which their defence was struck off vide order dated 29.02.2014.
3. The complainant filed evidence by way of affidavit and written arguments on 22.11.2017 and 26.04.2018 respectively reiterating his grievance of complaint and exhibiting documents filed alongwith complaint in support of his contention / grievance against the OPs.
4. We have heard the arguments addressed by the complainant who apprised that the mobile is in possession of OP1 since the date of deposit and have perused the documentary evidence placed on record. In the absence of the rebuttal by way of documentary evidence by the OPs and on the basis of the documentary evidence placed on record by complainant.
5. We find OPs guilty of deficiency in service having sold a defective mobile which could not last its warranty period and failing to return the same repaired within the stipulated / promised period which they were duty  bound. We therefore observed merit in the present complaint and thereby allow the same against the OPs in favour of complainant and direct the OPs jointly and severally to refund the cost of the mobile phone i.e. Rs. 2,600/- to the complainant alongwith compensation of Rs. 2,500/- towards damages and suffering inclusive of litigation charges.
6. Let the order be complied with by OP within 30 days of receipt of copy of this order failing which OPs shall be liable to pay penal interest @ 9% on the awarded sum of Rs. 5,100/- to the complainant from the date of passing this order realization.
7.  Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
8.   File be consigned to record room.
9.   Announced on 09.01.2019

 

(N.K. Sharma)     President

(Sonica Mehrotra)  Member