Delhi

North East

CC/284/2017

Pinki - Complainant(s)

Versus

Gurukul Technology Mobile Sercice Centre - Opp.Party(s)

03 Jul 2018

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. 284/17

 

In the matter of:

 

	Smt. Pinky W/o Shri Ajay R/o C-407/A, Street No. 17, Bhajanpura, Delhi-110053.	Complainant
	Versus
1.           2.	Gurukul Technology For Mobile Service Center, 397, Basement Wazirabad Road, Khajori Khas Near Rajiv Raj Bajaj Showroom Opp- Bhajanpura Bus Stand, New Delhi-110094.   S. Global Knowledge Park 19A & 19B Sector 125, Noida (G.B. Nagar) U.P. 201301.	Opposite Parties

 

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

08.09.2017 02.07.2018 03.07.2018

 

N.K. Sharma, President

Ms. Sonica Mehrotra, Member

Ravindra Shankar Nagar, Member

Order passed by Ms. Sonica Mehrotra, Member

 

ORDER

1. Case of the complainant is that she had purchased a mobile of Spice Company bearing model No. 525Q” manufactured by OP2 for an amount of Rs. 5599/- on 13.03.2016 from North India Top Company Pvt Ltd C/o Acorn Warehouse & Logistic park 68, Village Kapriwas & Malpura Taluq-Dharuhera Distt. Rewari, Haryana. It has been submitted that there was guarantee of one year thereon, given by OP2 but the above mobile set got out of order after some time and as such the complainant deposited the above mobile set to the service center (OP1) on 03.03.2017 but the above mobile set was not returned by OP1 duly repaired to the complainant even after a lapse of six months. It has been further submitted that the complainant had to make more than 50 rounds to the service centre (OP1) and she had also lodged complaint to the company by phone calls as well as by e-mails. It has been further submitted that since no proper response was provided by the company and therefore the complainant had to incur an amount of Rs. 5,000/- on transportation apart from suffering financial loss and mental tension. Therefore the complainant was constrained to file the present complaint before this Forum praying for issuance of directions to the OPs for refund of cost of the above mobile handset amounting to Rs. 5,599/- alongwith Rs. 5,000/- as compensation for mental agony and refund of Rs. 5,000/- spent by the complainant on transportation payable by the OPs.  

A copy of the invoice dated 12.03.2016 for an amount of Rs. 5,598/- issued by North India Top Company (P)Ltd in favor of the complainant, a copy of service request dated 03.03.2017 by OP2 showing the ready for the delivery date for the said mobile on 19.04.2017, copies of e-mails sent by the complainant to the customer care of OP2 between March 2017 to June 2017 and reply e-mail of OP2 on 03.04.2017 have been attached in support of the contentions made by the complainant.

2. Notices were issued to the OPs vide order dated 18.09.2017 for appearance before this Forum on 30.10.2017 when notice to OP1 was received back unserved with postal remark ‘refused’ which is deemed service and notice to OP2 was delivered. However despite several opportunities OP2 did not appear before this Forum and as such was proceeded against ex-parte vide order dated 17.01.2018.
3. Ex- parte evidence by way of affidavit was filed by the complainant wherein she authorized her husband to appear on her behalf before this Forum and also represent her in all matters. In her evidence, the complainant reiterated her greivance in her complaint with the addition of claim / relief of seeking Rs. 5,500/- as litigation charges from the OPs with further relief by way of interest on the total amount @ 18% p.a. till the date of payment claimed / prayed for by the complainant against the OPs.  
4. Written arguments were filed by the complainant wherein it was stated that there was manufacturing defect in the above mobile set as it went out of order within the guarantee period and the defect was not removed by the service centre (OP1) and the mobile set was not returned even after a lapse of six months and the OP used filthy language and abusing with the complainant.
5. We have heard the arguments addressed by the AR of the complainant and perused the documentary evidence submitted by the complainant in its defence.

In the absence of defence put forth by the OPs, the claim of the complainant had gone unrebutted that the mobile set was purchased by the complainant manufactured by OP2 and the service request was made to its service centre i.e. OP1 within a period of one year of guarantee and the mobile set was not returned by the service centre (OP1) despite repeated requests of the complainant sent by the e-mails. Due to absence of the OPs and non rebuttal of the contentions made by the complainant, the complainant has established the case of deficiency of service on the part of OP1 and therefore we are of the view that the OPs are guilty of deficiency of service as manufacturer and service centre of the said handset in having provided a defective handset and failed to repair the same and hand over to the complainant within the stipulated period / date of delivery i.e. 19.04.2017 as promised vide service request dated 03.03.2017 when the mobile was submitted for repair work. We therefore direct the OP1 and OP2 jointly and severally to refund the amount of Rs. 5,598/- being the cost of the mobile alongwith Rs. 5,000/- as compensation for harassment of the complainant in addition to a sum of Rs. 2,000/- towards the litigation charges to the complainant payable by the OPs jointly and severally within a period of 30 days from the date of receipt of copy of this order, failing which the OPs shall be liable jointly and severally to pay interest @ 9% p.a. on the total awarded amount i.e. Rs. 12,598/- from the date of this order till the date of realization.

6. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
7.   File be consigned to record room.
8.   Announced on 03.07.2018

(N.K. Sharma)     President

(Sonica Mehrotra) Member

(Ravindra Shankar Nagar) Member