Delhi

East Delhi

CC/2/2016

BHUVAN GUPTA - Complainant(s)

Versus

HTC - Opp.Party(s)

05 Jul 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

 

C.C. NO. 02/16

 

Shri Bhuvan Gupta

R/o 2961, Kucha Mai Dass

Bazar Sitaram

84, Ghanta Mandir

Delhi – 110 006                                                        ….Complainant

 

Vs.    

 

M/s. HTC Care Service Report

Service City, Office no. 201, 2^nd Floor

Sagar Plaza, Distt. Centre

Laxmi Nagar, Delhi – 110 092                                          …Opponent

 

Date of Institution: 06.01.2016

Judgement Reserved on: 05.07.2018

Judgement Passed on: 09.07.2018

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Sh. Sukhdev Singh (President)

 

JUDGEMENT

            This complaint has been filed by Shri Bhuvan Gupta against    M/s. HTC Care Service Report (OP) under Section 12 of the Consumer Protection Act, 1986 with allegations of unfair trade practice and deficiency in service. 

2.       The facts in brief are that complainant Bhuvan Gupta purchased a mobile handset HTC Desire 820 S from Vaishno Electronics Pvt. Ltd. as per the retail invoice submitted alongwith the complaint, though, they have not shown in the memo of parties.  It has been stated that it had an inherent manufacturing defect as it reported failure symptoms and remained always in dead condition.  This has caused mental pain and suffering to the complainant.  The complainant have prayed for apology by OP for the inconvenience caused; Rs. 75,000/- for their mistake; Rs. 10,000/- towards physical strain and mental agony and Rs. 10,000/- as cost.  

3.       Notice was issued to OP, however, they did not put the appearance inspite of notice.  Hence, they have been proceeded   ex-parte. 

4.       In support of its case, the complainant have examined himself.  He has deposed on affidavit.  He has narrated the facts which have been stated in the complaint.  He has also got exhibited documents such as copy of bill no. 376 dated 05.07.2015 (Ex.CW-1/1), copy of email dated 06.12.2015 (Ex.CW-1/2) and copy of job card no. DEL022-0028759 (Ex.CW-1/3).   

5.       We have heard AR of the complainant and have perused the material placed on record.  From the evidence on record such as Ex.CW-1/1, it is evident that complainant have purchased mobile handset from M/s. Vaishno Electronics Pvt. Ltd. for a sum of           Rs. 20,000/-.  The same was deposited with HTC Care Service as per job sheet (Ex.CW-1/3).  He informed to OP through email of dated 06.12.2015 regarding non-functioning of the mobile as per Ex.CW-1/2.  Thus, from Ex.CW-1/3 which is a service report, it is noticed that handset was having touch panel function abnormally.  When the handset was having touch panel function abnormally  which was within the warranty, certainly, the duty was cast upon service centre to have the set repaired.  When the handset has not been repaired being within the warranty, certainly, it amounts to deficiency in service.  When there has been deficiency in service, the complainant have suffered mental pain and suffering.

          In view of the above, we direct HTC Service Centre (OP) to handover the handset of the complainant after getting it repaired within a period of one month with extended warranty of 6 months.  They are further directed to pay compensation for an amount of       Rs. 10,000/- to the complainant on account of mental pain and suffering which includes the cost of litigation.

          If the handset is not returned after repair within the stipulated period, the complainant be refunded an amount of Rs. 20,000/-, the cost of mobile set.  The order be complied within a period of 30 days, if not complied, the awarded amount will carry 9% interest from the date of order till realization. 

          Copy of the order be supplied to the parties as per rules.

          File be consigned to Record Room.

 

 

 

(DR. P.N. TIWARI)                                              (HARPREET KAUR CHARYA)

       Member                                                                             Member    

            (SUKHDEV SINGH)

                   President