Delhi

East Delhi

CC/952/2015

BHAWNA - Complainant(s)

Versus

HTC INDIA - Opp.Party(s)

18 Oct 2016

ORDER

               DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

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

                                                                                                  Consumer complaint no.        952/2015

                                                                                                  Date of Institution               17/12/2015

                                                                                                  Order reserved on               18/10/2016

                                                                                                  Date of Order                        20/10/2016         

In matter of

Bhawana, Adult

d/o Suresh Kapoor,    

r/o- 11/222, Geeta Colony

Delhi 110031………………………..…..…….…..…………….Complainant

                                                                    Vs

1-Seema Telecom

7/179 Geeta Colony Nr Block 7

Gurudwara, Delhi 110031

2- HTC Service Centre

Office no.- 201, 2^nd Floor

 Sagar Plaza District Centre

Laxmi Nagar, Delhi 110092

3-HTC

Office –G 4, BPTP Park Avenue,

Sec 30, Near NH 8,  

Gurgaon 122002.….………..………………….…………….Respondents

 

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 one HTC grey mobile on 02/07/2015 for Rs 18,700/ from OP1. The said mobile developed problem in front camera with low battery backup, so, complainant deposited he mobile with OP2 for repair. It was assured by OP2 to return the mobile after seven days. It was told by OP2 that problem was rectified. After some days again, the same problem occurred and was again deposited with OP2, but the problem wee not rectified and so complainant did not collect her mobile from OP2.

Despite of sending repeat emails to OP3, no action was taken as her said mobile was with OP2.  Hence, she decided to file this complaint claiming refund of mobile cost or removing of defects with harassment charges Rs 50,000/ and litigation charges RS 15,000/-.

Notices were served, but none appeared or submitted written statement or evidences. Number of times, opportunity was given, but OPs neither appeared nor filed evidences or participated in arguments. Case was proceded Ex Parte. Complainant filed her Ex Parte evidences on affidavit which are on record and not controverted.

 

 

 

We have heard complainant and perused the evidences placed on record. It was clear that the said mobile was purchased on 02/07/2015 for Rs 21000/- and was under standard warranty of one year from OP3. OP2 has not provided its services under warranty period and kept delaying in performing their required services.  This clearly shows that OP2’ s services were deficient in nature.

In the view of above findings, the complaint is accepted and following order is passed as under—

1. OP2 is directed to repair the said mobile within 30 days from the receiving of order and hand over in perfect working condition besides extending one year warranty thereafter.   
2. If order is not complied in time essence, OPs shall refund the amount of the said mobile for Rs 21,000/- with 9% interest from the date of filing of this complaint till realization.
3. We also award compensation of Rs 5000/- towards mental agony, physical harassment and pain with Rs 2000/ as litigation charges.

The copy of this order be sent to the parties as per rules and file be consigned to Record Room.

 

Mrs Harpreet Kaur  Member                                                  (Dr) P N Tiwari   Member              

                                      

                                          Shri Sukhdev Singh - President