Delhi

East Delhi

CC/1179/2014

NITIN - Complainant(s)

Versus

HTC - Opp.Party(s)

03 Jul 2019

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. 1179/14

 

Shri  Nittin Bagga

S/o Shri Devender Bagga

R/o A/124, Priyadarshni Vihar

Upper Gorund Floor Near Laxmi Nagar Delhi- 110092

 

                                                               ….Complainant

Vs.    

1. Service City

Off. No. 201, 2^nd Floor,

Sagar Plaza, Ditt. Centre,

Laxmi Nagar, Delhi- 110092

 

2. HTC India Pvt. Ltd.

G-4, BPTP, Park Centre

Sec- 30, Near Nh-8, Gurgaon Haryana- 122001

                             …Opponents

 

Date of Institution: 27.12.2014

Judgement Reserved on: 03.07.2019

Judgement Passed on: 03.07.2019

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Harpreet Kaur Charya (Member)

 

JUDGEMENT

          The present complaint has been filed by, Shri Nittin Bagga, the complainant against Service City, OP-1; HTC India Pvt. Ltd, OP-2 under Section 12 of the Consumer Protection Act, 1986.

Briefly stated the facts of the present complaint are that the complainant had purchased one HTC mobile, model no. Desire 516C, with IMEI no. 352598061643265, on 28.10.2014 from MPS Telecom Pvt. Ltd. for a sum of Rs. 12,990/-. It has been stated that there was defect in the handset from the very first day and problem with the “back key” as it was not working properly. On 24.11.2014 the complainant visited the authorized service centre, HTC care and deposited his mobile for which job sheet no. DEL022-0007256 and ticket number 141NA480002188 was issued. The complainant was assured that the repaired handset shall be returned within 7 days, but the same was not returned despite several visits after lapse of the above mentioned period. The complainant has stated that the acts/ omission of the OPs has caused mental agony and thereby alleged deficiency in services and unfair trade practice. The complainant has prayed for directions to OP to refund the cost of the handset i.e. Rs. 12,990/-; compensation on account of mental harassment and pain as Rs. 20.000/- and cost of litigation to the tune of Rs. 15,000/-.

            Retail invoice dated 28.10.2014, job sheet dated 24.11.2014 have been annexed with the complaint.

            Summon was served upon OPs where HTC care refused to accept the notice, hence, they were deemed to be served and were proceeded         ex-parte as none appeared on their behalf, nor any reply was filed.

            Ex-parte evidence was filed by the complainant, where he has got himself examined and has deposed on oath the contents of his complaint.

We have perused the material placed on record and heard the submission made by the Ld. Counsel for Complainant. The complainant is aggrieved that OP failed to return the repaired handset, which was deposited with the authorized service centre within a few days of purchase. A look at the job sheet reveals that the handset which was under warranty, had been given for repairs with the remarks “back key not working”. Since, OPs have miserably failed to return the repaired handset which was in the warranty period, this definitely amounts to deficiency in services and as OPs chose not to appear, the allegations made by the complainant have remained         un-rebutted.

            Therefore, in the facts and circumstances of the present complaint, we direct the OPs to refund the cost of the handset i.e. Rs. 12,990/- . We further award compensation of Rs. 10,000/- on account of mental agony and harassment as the complainant could not enjoy his handset even for a month, inclusive of litigation expenses.

This order be complied within 30 days from the date of receipt of the order, else the awarded sum of Rs. 22,990/- (12,990+10,000) shall carry interest @9% per annum 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