Delhi

East Delhi

CC/195/2015

GAURAV - Complainant(s)

Versus

HTC - Opp.Party(s)

17 Nov 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.        195/2015

                                                                                                  Date of Institution               20/03/2015

                                                                                                  Order reserved on               17/11/2016

                                                                                                  Date of Order                        18/11/2016         

In matter of

Gaurav Massey, Adult

R/o 6/7, IInd Floor, East Baldev Park Part II

Nr Madras Café, Parwana Road,

Delhi 110092…………………………..…..…….…..…………….Complainant

                                                                    Vs

1-The New Mobile Mart

R 52, Nr Metro Pillar 44,

Shakarpur, Vikas Marg, Delhi 110092

 

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 mobile model no. HTC-Desire 816 on 08/07/2014 for Rs 25,900/ from OP1 vide IMEI 352795061103874. The said mobile developed problem as failed to detect SIM 1 and got switched off automatically and no call was connecting. So, complainant deposited the mobile with OP2 for repair on 05/01/2015. It was assured by OP2 to return the mobile after seven days vide job sheet no. DEL 0220008568 marked here as CW1/2.

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 was not rectified vide job sheet no DEL0220010090 dated 11/02/2015 marked here as CW1/2. Even after visiting OP2, neither problem was rectified nor the phone was returned to complainant.  

Despite of sending repeat emails to OP3, no action was taken. Hence, he filed this complaint claiming refund of mobile cost Rs 25,900/ with harassment charges Rs 50,000/ and litigation charges Rs 10,000/.

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 proceeded Ex Parte. Complainant filed Ex Parte evidences on affidavit which are on record.

We have heard complainant and perused the evidences placed on record. From the evidence that the said mobile was purchased on 08/07/2014 and was under standard warranty for one year. OP2 has not provided its services under warranty period properly as defects were existing even on the second service also; not only this, OP2 kept delaying in performing their required services and kept mobile with himself.  This clearly shows that OP2’ s services were deficient.

 

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 jointly the cost of mobile Rs 25,900/-with 6% 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 1000/ 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