Delhi

East Delhi

CC/8/2017

AMIT SHARMA - Complainant(s)

Versus

GO MOBILE - Opp.Party(s)

14 Jan 2019

ORDER

                         CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

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

                           

                                                                                              Consumer Complaint no.          08 / 2017

                                                                                              Date of Institution                  12/01/2017                                                                                                                                                   

                                                                                              Order Reserved on                 21/01/2019    

                                                                                              Date of Order                          22/01/2019 

In matter of

Mr. Amit Kumar Sharma, adult       

S/o-Sh Kanti Prasad Sharma

R/o – S-221, Shakarpur, School Block,

PO- Shakarpur, Delhi 110092……………………..………..…………….Complainant

                                                                  

                                                                     Vs

1 –Go Mobile,

M.G. Mobile India Pvt ltd.

S-18 E, School Block, Nr Sheetla Mandir,

Shakarpur, Delhi 110092   

 

2- The Manager,

Regd. Office- M G Mobile India Pvt Ltd.

1400, Modi Tower-98,

Nehru Place, New Delhi 110019…..………………...…………..……….Opponents

 

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 purchased 4G Wifi Idea Dongle from OP1 for a sum of Rs 2000/-(Ex CW1/1) on 04/11/2016 vide dongle model no. 86280022688314. It was stated that due to hurry he could not check whether dongle was of 3G or 4G. After some days, he recognized that dongle was of 3G and not of 4G, so contacted OP1 for replacing the same for 4G, but OP1 refused to exchange, so asked for refund of cost of dongle. When OP1 refused to refund, filed this complaint for exchanging the dongle 3G to 4G or direct OP1 to refund the cost.  

Even after issuing of notices number of times and directing complainant for Dasti notices. Both were served, but neither OP1 & 2 put their appearance nor did file written evidence so were proceed Ex Parte. Complainant submitted Ex Parte evidences on affidavit and taken on record as evidences were not controverted, so presumed to be correct.   

Arguments were heard from the complainant and after perusal of records on file, order was reserved.  

We have gone through all the facts and evidences on record. It was observed that complainant has himself accepted that due to his negligence, did not check the category of dongle and even purchasing 3G dongle, did not mention any damages. After seeing the terms of conditions printed on invoice (Ex CW1/1), items once sold would not be exchanged or refunded. It is the duty of complainant to check the product properly before purchasing goods. As he himself admitted his own mistake in complaint under para 2 so no deficiency of OP1 or 2 can be fastened. OP1 being a seller and its head office is OP2. In absence of merits in complaint, we cannot fasten any liability on any OPs. That being so complaint deserves to be dismissed without any order to cost.

The copy of this order be sent to the parties as per the Section 18 of the Consumer Protection Regulation, 2005 ( in short CPR)  and file be consigned to the Record Room under Section 20(1) of CPR.

 

(Dr) P N Tiwari –Member                                                                      Mrs Harpreet Kaur – Member

 

                                                                 Sukhdev Singh  President