Delhi

East Delhi

CC/795/2015

RITIKA - Complainant(s)

Versus

HTC - Opp.Party(s)

18 Jul 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. -     795/2015

                                                                                                   Date of Institution      -       20/10/2015

                                                                                                   Date of Order                -         18/07/2016                                                                                                        

In matter of

Ritika Gola, adult   

136, Main Road, Khichripur,  

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

                                                                    Vs

1- HTC

Office  G 4, BPTP Park Avenue,

Sec 30, Near NH 8,  

Gurgaon 122002

2- Service Centre

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

 Sagar Plaza District Centre

Laxmi Nagar, Delhi 110092….………..………………….…………….Respondents

 

Complainant Advocate- Rajesh Kumar Sharma

Opponent-Ex Parte

 

Corum-     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 Ritika Gola purchased one HTC Desire 700 Matte white mobile on 17/08/2014 IMEI no. 351754062069635 for Rs 18,700/ from Spice Retail Ltd situated at H 43, main Vikas Marg, Laxmi Nagar, Delhi- 110092.

 

The said mobile developed some problems such as speaker was not working properly, sound problem and ringtone was not audible. It also gets hang out occasionally. Complainant took the said mobile to the authorized service centre of HTC OP1 on 20 July 2015 and job card was given bearing no. 151NA300002210 mentioned as “ Cosmetic Inspection” and wrote Used Device with dents over body. No touch screen broken was mentioned. Complainant was given 25^th Aug 2015 as tentative date of return of mobile. Complainant got a call from OP1 on 19/08/2015 that touch screen was broken and he was to pay Rs 6287/-. The said mobile had warranty period up to 16/08/2015.

 

Complainant got surprised to hear that how touch screen got broken when the said mobile had speaker problem. As per job card, the said defect was not present and was not mentioned. It is stated that the said phone was in warranty period and demand was raised by OP1. Complainant was regularly enquiring about her mobile status from OP1 but never got satisfactory reply. The said mobile was with OP1 since it was submitted for repair. When complainant did not get service

 

 

from OP1 and also her mobile phone back from OP1 despite, informed OP to refund the amount of Rs 18700/- paid by her has filed this complaint. She has prayed refund of Rs 18,700/ with interest or a new hand set of same specification.

 

Complaint was scrutinized and notice was issued to OPs but did not put their appearance despite receiving of notice. No one appeared nor filed written statement or evidences. Hence OPs were proceeded Ex Parte. Complainant filed her Ex Parte evidences on affidavit which are on record and not controverted.

 

We have heard the complainant and have perused the material placed on record. From the evidence on record, It is clear that the said mobile was purchased on 17/08/2014 for Rs 18700/- and was taken to service station on 20/07/2015. It had no defect/problem for one year. But the mobile was under warranty. OP has not provided their services under warranty period and kept delaying in performing their required services.  This clearly shows that OP’s services were deficient in nature.

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

1. OP 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, OP will pay 50% of sum of Rs 18700/- along with 9% interest from the date of filing of this complaint till realization.

 

1. We also award compensation of Rs 5000/- towards mental agony, physical harassment and pain along with Rs 3000/ as litigation charges.

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

 

 (Dr) P N Tiwari   Member                                        Mrs  Harpreet Kaur- Member                   

                                      

                                  Shri Sukhdev Singh  President