DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (CENTRAL) ISBT KASHMERE GATE, DELHI

CC. No. 450/2016

Kishan Lal Tiwari

S/o Sh. Hanuman Ram Tiwari

R/o 1957, Kucha Chelan, Khari Baoli, Delhi-110006                       ….Complainant

Versus

1.         M/s Godsons Enterprises

GIONEE AUTHORISED SERVICE CENTRE

G-12, 1054, B.D. CHAMBERS,

D.B. GUPTA ROAD, OPP.  VIJAY SALES

DELHI-110005

THROUGH ITS PROP./PARTNER/

DIRECTOR/PRINCIPAL OFFICER

2.         SYNTECH TECHNOLOGY PVT. LTD.

F-2, BLOCK NO. B-1, GROUND FLOOR,

MOHAN COOPERATIVE INDUSTRIAL ESTATE,

MATHURA ROAD NEW DELHI-110044,

THROUGH ITS M.D./DIRECTOR

3.         SHRI BALAJI ELECTRONIC SERVICES

312, CHANDNI CHOWK, DELHI-110006

(NEAR FATEHPURI INDIAN BANK)                               ….OPPOSITE PARTIES

Quorum          : Ms. Rekha Rani, President

                          Mrs. Manju Bala Sharma

ORDER

Rekha Rani, President

            Instant complaint has been filed by the complainant under Section 12 of the Consumer Protection Act alleging therein that complainant purchased a Mobile Phone “Marathon M5 Lite Gold CDMA” IMEI No. 860830030288962 on 24.05.2016 from OP3 with a warrantee of one year vide cash receipt number 142.  It is further alleged that suddenly the display screen stopped working due to which the complainant approached OP3 and OP3 suggested the complainant to approach OP1.  OP1 deposited the mobile phone for repairing and issued a job sheet bearing number GC16800100718 dated 19.08.2016 and assured the complainant that the mobile will be returned on 26.08.2016.  OP1 informed the complainant that the mobile handset requires a part which is under shipment and gave the expected delivery date of the mobile phone as 30.08.2016.  Complainant visited number of times to OP1 for getting the mobile after its repair but till date the same has not been returned to the complainant after its repair.  Complainant sent a legal notice to the OPs on 29.11.2016.  Pleading deficiency in service on the part of OPs, complainant prayed that OPs be directed to replace the mobile phone in question with a new one with fresh warrantee or refund Rs. 13,500/- (Rupees Thirteen Thousand Five Hundred only), the cost of the mobile along with interest at the rate of 24% per month, to pay Rs. 58,000/- (Rupees Fifty-Eight Thousand only) as compensation for the harassment, suffering mental pain, loss of time and money and Rs. 15,000/- (Rupees Fifteen Thousand only) as litigation cost. 

Notice was sent to OPs but OPs did not opt to appear before this forum despite service. 

Complainant has placed on record receipt of the mobile phone as Annexure ‘A’, job sheet issued by OP1 along with the copy of SMS received from OP1. 

From perusal of the job sheet in question and the SMS sent by OP1 it is established that the phone was deposited by complainant with OP1 for its repair on 19.08.2016 and OP1 has sent time and again SMS to the complainant informing him that repair ETD of his phone has been changed.  Service job sheet issued by OP1 also reveals that mobile phone in question was in warrantee.

            As there is nothing on record to rebut the allegations contained in the complaint as well as the documents placed on the file by the complainant we have no other option but to allow the complaint and direct the OPs to pay jointly and severely Rs. 13,500/- (Rupees Thirteen Thousand Five Hundred only) the cost of the mobile to the complainant along with Rs.10,000/- (Rupees Ten Thousand only) as compensation and litigation cost. 

            The above said amount shall be paid by the OPs to the complainant within 30 days from the date of receipt of this order failing which OPs shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of this order till the date of payment.  Copy of the order be sent to the parties as per rules.  

  File be consigned to record room.

Announced on this  ______   day of 2018.