VIKAS JAIN filed a consumer case on 20 Jul 2017 against HCL in the West Delhi Consumer Court. The case no is CC/15/550 and the judgment uploaded on 25 Jul 2017.
GOVERNMENT OF NCT OF DELHI
150-151 Community Centre, C-Block, JanakPuri, New Delhi – 110058
Date of institution:14.08.2015
Complaint Case. No.550/15 Date of order:20.07.2017
IN MATTER OF
Vikas JainS/o Sh.Satish Kumar Jain R/o 110, Arihant Nagar, Punjabi Bagh-West New Delhi-110026. Complainant
VERSUS
1. HCL Touch Service Centre Manager(Mohit) G-5(III) A, Shop No.5/126 & 5/127 JanakPuriDistt. Centre,JanakpuriNew Delhi110058
Opposite party no.1
2. XiaomiIndiaC/o Ikeva Business Park Kadubee, Sonahalli,MarathalliSarjapur, Outer Ring road Banglore-560103.
Opposite party no.2
3. FlipkartIndia Pvt. Ltd.VaishnaviSummit No. 6/B 7th Main, 80 Feet Road, 3rd Block , Koramangla, Banglore-560034.
Opposite party no.3
4. WS Retail Service Pvt. Ltd., 42/1 & 43 Kacherakanahalli Village, JadigenahalliHobli, HoskoteTaluk, Benglore
ORDER
R.S. BAGRI,PRESIDENT
Brief relevant facts necessary for disposal of the present complaint as stated are that Sh.VikasJain hereinthe complainantpurchased Redmi 1s
(Xiaomi ) mobile handset on 21.10.2014 through Flipkart India Ltd. opposite party no.3 from WS Retail Service Pvt. Ltd.opposite party no. 4 manufactured by XiaomiIndia opposite party no. 2 for sum of Rs. 5999/-. The mobile handset was given to the service center of the opposite party no. 2 for repairs several times videseparate job sheets including job sheet nos. JS 15062700403 dated 27.06.2015, JS15070300154 dated 03.07.2015, JS 15070400269 dated 17.07.2015 and JS 1507200398 dated 20.07.2015. But the opposite parties failed to repair and return the mobile handset. Hence present complaint for directions to the opposite parties to refund Rs. 5999/- cost ofthe mobile handset and pay compensation of Rs. 95000/- on account of mental , physical and financial harassment on the part of the opposite parties.
After notice the opposite parties no.1 , 3 and 4 appeared and filed separate replies while raising similar preliminary objections of maintainability, jurisdiction, cause of action, concealment of true and material facts and the complaint is false and frivolous . The opposite party no. 3 further asserted that there is no contract of service between the complainant and the opposite party no. 3 . The opposite party no. 3 delivered the mobile handset of opposite party no. 2. There is no unfair trade practice and deficiency in service on the part of the opposite party no. 3. However, on merits the opposite party no. 3 denied all the allegations of the complainantand prayed for dismissal of the complaint.
The opposite parties no. 1 and 4 on merits assertedthat the complainantpurchased the mobile handset. The same was delivered on the service centerfor repairs. The mobile wasrepaired but the complainant refused to accept the repaired handset. There is no unfair trade practice and deficiency in service on the part of the opposite parties no. 1 and 4. All other allegations of the complaint arevehemently denied and prayed for dismissal of the complaint.
Notice of the complaint was sent to opposite party no. 2 but despite service of the notice none appeared on behalf of the opposite party no.2, therefore, opposite party no. 2 proceeded ex-parte vide order dated 22.03.16.
When Sh. Vikas Jain complainant was asked to lead evidence by way of affidavit , he filed affidavit narrating facts of the complaint. He also relied upon invoice no.#BLR_WFLD20141001731093 dated 22.10.2014 , complaint lodged with SHO police station Janakpuridated 10.08.2015, job sheet no. JS 15072000398 dated 20.07.2015.
When the opposite parties were asked to lead evidence by way of affidavit , HCL Touch service center opposite party no. 1 filed affidavit of Sh. Kush Srivastava Associate Manger legal narrating facts of the reply. FlipkartIndia Pvt. Ltd. opposite party no. 3 filed affidavit of Sh. AmitPratap Singh narrating facts of the reply. WS Retail Service Pvt. Ltd. opposite party no. 4 filed affidavit of Mrs Swati Singh AR narrating the facts of the reply .
The parties also submitted written arguments in supportof their respective case.
We have heard the complainant in person and counsel for opposite partiesno. 1, 3 and 4and have gone through the file carefully and thoroughly.
From the complaint, replies of opposite parties no. 1, 3 and 4, affidavits submitted by the parties and documents relied upon by the complainant it is common case of the parties that the complainant on 21.10.2014 purchased Redmi 1s (Xiaomi ) mobile handset for sum ofRs. 5999 fromoppositeparty no. 4 manufactured by opposite party no. 2 through opposite party no. 3. The mobile handset developed fault within six months from the purchase that is within warranty . The mobile handset was deliveredto service center on 27.06.2015, 03.07.2015, 17.07.2015 and 20.07.2015 . The service center and the opposite parties failed to repair the mobile to the satisfaction of the complainant. They also failed to return the mobile handset .
Hence the complainant succeeded to prove that there is deficiency in service and unfair trade practice on the part of the opposite party no. 1 being service provider, opposite party no. 4 seller and opposite party no. 2 manufacturer of the mobile handset. The complainant is deprived of his right to use the mobile handset. He has alsosuffered loss of the mobile handset.He suffered mentally, physically and financially, therefore, the opposite parties no. 1, 2 and 4 are liable to pay compensation to the complainant.
Therefore, we direct the opposite parties no.1, 2 and 4 to refundRs.5999/- cost of mobile handset and pay a compensation of Rs. 2500/-onaccount of mental, physical and financial harassment.
Order pronounced on : 20.07.2017
(PUNEET LAMBA) ( R.S. BAGRI )
MEMBER PRESIDENT
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