DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. NO. 329/15

Smt. RAMA PAL

W/O NARENDER PAL

R/O-1974/2, GALI NO. 15, BLOCK-25A,

VISHWAS NAGAR, SHAHDARA,

                                                                                                             ….Complainant

Vs

1. MANPREET TELECOM

A-159, VIKASH MARG, SHAKARPUR,

2. HTC CARE SERVICE REPORT

SERVICE CITY, OFFICE NO.201, SECOND

FLOOR, SAGAR PLAZA, DISTT. CENTRE,

LAXMI NAGAR, NEW DELHI-92

3. HTC INDIA PVT LTD.

G-4, BPTP PARK AVENUE

NEW NH-8, GURGAON SECTOR-30,

                                                                                                                          ….Opponent

Date of Institution: 08.05.2015

Judgment Reserved for: 22.07.2016

Judgment Passed on: 01/08/2016

Order By: Ms. Harpreet Kaur Charya (Member)

JUDGEMENT

This complaint has been filed by Ms. Rama Pal W/O Sh Narender pal, R/o 1974, Gali No. 15-A, Vishwas Nagar, Shahdara, Delhi-32, against Manpreet Telecom, OP-1, HTC Care Service Report, OP-2 and HTC India Pvt. Ltd, OP-3.

BRIEF FACTS

The complainant had purchased one HTC Desire 700 mobile phone for Rs.22,000/- vide bill No. 1093 dated 10/05/2014 from OP-1. The said mobile was purchased by the complainant for her daughter. It was further stated that from 24/11/2014 there was problem in the speaker, battery and keys. Despite several visits to the service centre, the above mentioned problems persisted. It was also stated that on 24/04/2015, the daughter of the complainant gave her phone to OP-2 and was assured that her handset will be repaired and returned within 20 days. Despite several visits the handset was not handed over and finally on 04/05/2015 complainant was handed over the handset but the same problems were there. Hence, this complaint, the complainant has prayed for refund of Rs.22,000/- with appropriate cost of harassment and cost of litigation.

            Notice of the complaint was duly served to all the OP’s, but they did not put appearances, thus, they were proceeded ex-parte.

            Thereafter, the complainant filed evidence by way of affidavit and examined Smt. Rama Pal, who is relying on Ex. CW1/A, which is the detailed written complaint to the Head Office of HTC Company and Ex. CW1/B is the Cash Memo/bill, Job sheet, written complaint dated 01/05/2015, copy of speed post & Receiving receipts.

            We have heard the complainant and have perused the material placed on record.

            As none of the OP has appeared, the averments made by the complainant have remained uncontroverted. The job sheet dated 27/04/2015 mentions the problems as complained by the complainant in the complaint.

            Therefore, we direct the OP-2 to repair the phone/handset of the complainant without any extra charges within seven days from the date of receipt of this order along with six months extended warranty and Rs.5,000/- is also awarded towards compensation and cost of litigation.

            In case, the said amount is not paid by the O.P. within 45 days from the date of receiving this order, the same shall be recoverable along with 9% interest from the date of the order till the recovery of the said amount.

Copy of this order be sent to both the parties as per law.

File be consigned to Record Room.

(Dr. P.N.TIWARI)           (HARPREET KAUR CHARYA)                   (SUKHDEV SINGH)  

     MEMBER                               MEMBER                                                     PRESIDENT