DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi
CONVENIENT SHOPPING CENTRE, 1st FLOOR, SAINI ENCLAVE, DELHI 110092
Consumer complaint no. - 563/2015
Date of Institution - 31/07/2015
Order Reserved on- 12/08/2016
Date of Order - 18/08/2016
In matter of
Mr Subin Kumar, adult
S/o- Raju Prasad
HN- A 342/11, South Ganesh Nagar,
Delhi 110092…………………………………..…..………..…………….Complainant
Vs
1-M/s Sell Well Communication
Opp. Metro Pillar 35, Main Vikas Marg,
Sakarpur, Laxmi Nagar, Delhi-10092
2-M/s Service City Centre
2nd Floor, Sagar Plaza,
District Centre, Laxmi Nagar, Delhi 110092
Sagar Plaza District Centre
Laxmi Nagar, Delhi 110092
3-HTC India Pvt Ltd
Office -G 4, BPTP Park Avenue,
Sec 30, Near NH 8,
Gurgaon 122002….………..…………………………….…………….Respondents
Complainant -In Person
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 a purchased one HTC Desire 700 Matte mobile on 20/04/2014 having IMEI no. 351790060106750 for a sum of Rs 25,700/ from OP1.
The said mobile developed some problems like touch panel functions abnormal, camera not functioning properly and mobile getting hot off and on. Complainant took the said mobile to the authorized service centre of HTC as OP2 on 26 June 2015 and job card was given bearing no. 151NA2000185672. Phone was under warranty.
Complainant got a call from OP2 on 13/07/2015 and said that other phone was available and complainant to collect the phone. Complainant went to OP2 office and refused to take other phone and asked for his own mobile. OP 2 said that his mobile had not come from workshop and an alternative mobile was offered. Complainant submitted that he did not get his mobile and the same was with OP2. Not getting satisfactory services from OP2, decided to file his complaint and claimed for refund the cost of mobile with compensation of a sum of Rs 30,000/-/
Complaint was scrutinized and notices were issued to OPs but no one put up their appearance despite receiving of notice as per Indian Postal services tracking report. No one appeared nor filed written statement or evidences. Hence, OPs were preceded Ex Parte. Complainant filed his Ex Parte evidences on affidavit which are on record and not controverter.
Argument heard and order was reserved.
It is clear from the evidences on record that the said mobile was purchased on 20/04/2015 for Rs 25,700./- and mobile was taken to service centre OP2 on 20/07/2015. It is evident from the evidences filed by complainant which are on affidavit shows that the said mobile had developed problems in two months of purchase and did not get satisfactory services from OP2 when mobile was under warranty. OP has not provided their services under warranty period and kept delaying in performing their required services. This clearly evident that OP services were deficient in nature.
The complaint is accepted and passed the following order as under-
- OP 2 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, OPs will refund full cost of mobile a sum of Rs 25,700/- with 9% interest from the date of filing of this complaint till realization.
- We also award compensation of Rs 5000/- toward mental agony, physical harassment and pain along with Rs 1000/ as litigation charges.
The copy of this order be sent to the parties as per rules and file be consigned to the record room.
Mrs -Harpreet Kaur- Member (Dr) P N Tiwari -Member
Shri Sukhdev Singh - President
