RITIKA filed a consumer case on 18 Jul 2016 against HTC in the East Delhi Consumer Court. The case no is CC/795/2015 and the judgment uploaded on 04 Aug 2016.
DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi
CONVENIENT SHOPPING CENTRE, 1st 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, 2nd 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 25th 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—
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.
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.
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
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