DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016
Case No.131/2015
Sh. Saurabh Srivastava
489, Hardevpuri Gautam Nagar,
New Delhi-110049 ….Complainant
Versus
TVS Electronics Ltd.
Through Manager
C-102, First Floor Ansal Plaza,
New Delhi-110049 ….Opposite Party
Date of Institution : 21.05.15 Date of Order : 11.12.18
Coram:
Sh. R.S. Bagri, President
Ms. Naina Bakshi, Member
Ms. Kiran Kaushal, Member
Naina Bakshi, Member
ORDER
Briefly stated, the case of the complainant is that the complainant, on 28.03.15 purchased a brand new HTC desire 820SWHT manufactured by HTC Ltd. for a consideration of Rs.24890/- vide invoice SLF02A112020044981 from OP No.2. After few days the complainant slipped and his mobile phone’s screen was broken. On 18.04.15 complainant visited the OP for repair of broken screen. OP received the mobile for repair purpose and pointed out following repairs:
- LCD (broken) (OOW)
- Phone receiver (Top Speaker)
- Malfunction (Incoming Volume Low)
- System hang under OS.
It is submitted that the OP demanded Rs.6,000/- for repair and the complainant paid the consideration amount to the OP. The OP told the complainant to come after 15 days, to which he protested as he has to be without mobile for so many days, for carrying out the repair which actually take few hours or a day. The complainant managed for many days without mobile phone. After expiry of 15 days the complainant visited the OP service station for collection of his mobile phone in the month of May, OP simply told the complainant that the mobile is not ready for delivery. The complainant again visited after ten days, the OP informed him that the mobile phone is not ready and come after two days. Every time the OP had stated lame excuses and not returned the phone. On 30.05.15 again the complainant visited the OP but the OP stated that they are unable to repair the motherboard and the phone was not repaired properly. The complainant had not accepted the phone. The complainant was frustrated and immediately got a new mobile for his use. Hence, pleading deficiency in service on the part of the OP the complainant has filed the present complaint for the following reliefs:
- Direct the OP to compensate and award exemplary compensation to the complainant for opposite party deceptive and deficient conduct, wasting complainant precious time and money and of other patients who kept waiting for the complainant , while complainant was busy in repairing his mobile with a pathetic service centre in tune of Rs.4,00,000/-.
- Direct the OP to deliver the repaired phone to the complainant and refund the service charges as damages he has suffered by buying a new phone of Rs.6000/-.
OP has been proceeded exparte vide order dated 14.10.15
Complainant has filed his own affidavit in evidence as well as written arguments.
We have heard the complainant and have also gone through the file very carefully.
OPs have the knowledge about the filing of the complaint but have not chose to contest it.
Complainant has placed on record, the copy of bill dated 28.03.15 which shows that the Complainant had purchased a mobile phone from for a sum of Rs.24890/- manufactured by HTC (Annexure-A). He has placed on record a copy of job sheet dated 18.04.15 as Annexure-2 which shows that he had submitted the phone to OP to repair the same.
Averments made in the complaint and evidence led by the Complainant have remained uncontroverted and unchallenged. Hence, there is no reason to disbelieve the version of the Complainant.
But the OP has neither repaired the phone nor returned the same despite several requests made by the complainant in this regard. It amounts to deficiency in service and unfair trade practice on the part of OP.
Therefore, we hold the OPs guilty of unfair trade practice and deficiency in service, allow the complaint and direct to return the defect free mobile phone /refund the amount of Rs.24890/- i.e. price of the mobile alongwith interest @ 9% from the date of filing of the complaint till the date of realization. OP is further directed to pay Rs.5,000/- for harassment and mental agony undergone by the Complainant including cost of litigation.
The order shall be complied within 30 days of receipt of this order failing which OP shall become liable to pay interest 9% per annum from the date of filing of the complaint till its realization.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 11.11.2018
