DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 715/2017
D.No.__________________ Date: ________________
IN THE MATTER OF:
KUNDAN S/o Sh. HARENDER,
R/o 15974/114, TRI NAGAR,
DELHI-110035. … COMPLAINANT
Versus
1.I PICK SOLUTIONS INDIA PVT. LTD.,
(THROUGH ITS AR/SIGNATORY,)
R.O. NO. 156, AGGARWAL PLAZA,
MANGLAM PLACE, SEC.-3, NEAR M2K,
ROHINI, DELHI.
2. LEECO INDIA,
CORPORATE OFFICE: DLF CORPORATE PARK,
TOWER 4-B, 2nd FLOOR, UNIT NO. 201-204,
GURGAON-122001… OPPOSITE PARTY(IES)
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 30.08.2017
Date of decision:08.03.2019
MS. USHA KHANNA, MEMBER
ORDER
1. The complainant has filed the present complaint against the OPs under the Consumer Protection Act, 1986 therebyalleging that the
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complainant purchased a dual sim mobile handset from OP-1, model no. LE TV Mobile, Le X509-1S having one of the IMEI No.866674027034722 at the price of Rs.8,888.89 alongwith VAT 12.50% and the warranty was provided for one-year onward of manufacturer company. The complainant further alleged that the said mobile handset started problem automatically as no charging, speaker voice slow and sometime finger print not work and the complainant went to service center i.e. OP-1 where the problem is checked by service centre and clarified that problem is true and received the handset and provided jobsheet i.e. JS17061700669 dated 17.06.2017 and it was returned by service centre on 30.06.2017 in working condition and again after 4 days handset startedgiving problem and the complainant went to the authorized service centre i.e.OP-1 where the problem is checked by service centre and clarified that problem is of software update and received the handset and provided a jobsheet no. JS17071000585 dated 05.07.2017 and after some days handset startedgiving again problem.The complainant went again to the service centre of i.e. OP-1 where the problem was checked by service centre and clarified that problem is of network issue (both SIM slot), dent on phone body, all data lost and received the handset and provided a jobsheet no. JS17082200276 dated 22.08.2017. The complainant
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further alleged that the aforesaid handset is now in the service centre till date and the aforesaid handset is lying dead being inoperative and is of no use whatsoever on account of its inherent weakness, defects and glitches and the complainant apprehend that OP-1 in connivance deliberately refused to repair and continue to keep the said mobile handset as per the warranty applicable which is not only fraud but also deficiency in service, unfair trade practice.
2. On these allegations the complainant has filed the complaint praying for direction to OPs to refund the amount of Rs.8,888.89 towards price of the said mobile handset as well as compensation of Rs.20,000/- for causing him mental pain, agony, damages and harassment. The complainant has also sought Rs.5,000/- towards cost of litigation.
3. Noticeswere issued to OPs through speed post for appearance on 04.12.2017 and 12.03.2018, the notices were delivered to OP-1 on 07.02.2018 and OP-2 on 10.02.2018 as per track reports and none has appeared on behalf of OPs and as such OPs have been proceeded ex-parte vide order dated 12.03.2018.
4. In order to prove his case the complainant filed his affidavit in evidence and also filed written arguments. The complainant has also placed on record copy of retail invoice vide no.1551 dated 22.10.2016 of Rs.8,888.89 issued by Rimpy Electronics and copies
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of service jobsheets no.JS17061700669 dated 17.06.2017, no.JS17071000585 dated 05.07.2017 & no.JS17082200276 dated 22.08.2017 issued by OP-1.
5. This forum has considered the case of the complainant in the lightof evidence and documents placed on record by the complainant.The case of the complainant has remainedconsistent and undoubted. There is nothing on record to disbelieve the case of the complainant. The complainant has made so many complaints and personally visited & requested to OP-1 but OP-1 could not repairand rectify the problem in the mobile handset which provesdeficiency in service and there is an inherent manufacturing defect in the mobile handset. Moreover, it appears that even after receiving notices ofthis case from this forum, the OPs have kept mum and have not bothered to answer the case of the complainant. It also shows that OPs have no defence at all.
6. On perusal of the record, we find that the complainant made first complaint dated 17.06.2017 of his mobile handset toOP-1 within warranty period and submitted the mobile handset on 17.06.2017 vide job card dated 17.06.2017 and the phone was returned on 30.06.2017 by OP-1. The complainant made 2nd complaint on 05.07.2017 vide jobsheet no.JS17071000585 and the complainant made 3rd complaint on 22.08.2017 vide jobsheet no. JS17082200276 and OP-1 could not repair the mobile handset.
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Thus, the case of the complainant is proved. We accordingly hold OPs are guilty of unfair trade practice and deficiency in service.It is on record that the complainant has used the mobile handset for about 8 months.
7. Accordingly, OPs jointly or severally are directed as under:
i) To pay to the complainant an amount of Rs.5,000/- being the depreciated value of the mobile handset on return of original invoice and job sheets.
ii) To pay to the complainant an amount of Rs.3,000/- as compensation towards mental agony and harassment caused to the complainant.
iii) To pay to the complainant an amount of Rs.2,000/- towards cost of litigation.
8. The above amount shall be paid by OPs jointly or severally to the complainant within 30 days from the date of receiving copy of this order failing which OPs shall be liable to pay interest on the entire awarded amount @ 10% perannum from the date of receiving copy of this order till the date of payment. If OPs fail to comply the order within 30 days from the date of receiving copy of this order, thecomplainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
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9. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 8th day of March, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
