Delhi

North East

CC/24/2016

SHRI NIWAS KUMAR - Complainant(s)

Versus

Infinite Enterprises - Opp.Party(s)

29 Sep 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.24/16

 

CORUM:-      Hon’ble President N.K.Sharma

                        Hon’ble Member Nishat Ahmad Alvi

                        Hon’ble Member Ms. Usha Khanna

 

In the matter of:

 

		Shri Niwas Kumar S/o Arjun Singh R/o H.No. E-82, A/452, Saradpuri-1, Delhi-110095.		Complainant
		Versus
	1.         2.         3.	Infinity Enterprises Khasra No. 1097, 3/3, Gali No.8 Main Hirni Road, Village Kapasehda, Near Falda Nala, New Delhi.   Proprietor & Service Centre The Mobile Care, B-36, Gurunanakpuri, Near V3S Mall, Maharaja banquet Hall, Laxmi Nagar, Delhi-110092.   Headquarter office Micromax House, 90 B, Sector-18 Gurgaon.		Opposite Parties
			DATE OF INSTITUTION:		19.01.2016
			DATE OF DECISION      :		29.09.2016

 

 

 

 

 

Ms. Usha Khanna, Member:-

ORDER

 

1. The facts of the present complaint are that on 23.02.2015 complainant had purchased one touch mobile of Micromax Company from OP1 for Rs. 5938/- (Rupees Five Thousand Nine Hundred and Thirty Eight only) with one year warranty through online booking. After purchasing the said mobile complainant had found so many defects in it for that he made several complainants to OP1 and OP2 as verbal and on telephone also. Every time said mobile was repaired by the OP2 but the defect of the mobile could not be rectified by the OP2. Then on 10.10.2015 complainant had deposited his mobile with OP2 who assured to repair the same within two or three days. When after some days complainant visited OP2’s office and demanded his mobile he was told by OP2 that his mobile has been sent to Micromax factory for repairing and was still there.
2. Complainant sent a legal notice to OPs on 4.01.2016 for returning his mobile but till date it has not been returned. Then he filed a present complaint and prayed for to direct the OP to return his mobile alongwith Rs. 1,00,000/- as compensation for harassment of mental agony, also cost of litigation.
3. Notice of complaint was served to OPs. OP1’s notice was received back unserved with postal remark “not found twice” and on the request of complainant OP1 was deleted from the array of parties vide order dated 22.04.2016. Nobody appeared on behalf of OP2 and OP3 therefore OP2 and OP3 were proceeded against ex-parte order dated 01.04.2016.
4. Complainant has filed his evidence by way of affidavit alongwith relevant documents.
5. Heard and perused the record.  
6. In support of his complaint complainant has placed on record legal notice given to OP1 and OP2 dated 04.01.2016, copy of Retail Invoice, copy of Job sheet issued by OP2.
7. Perusal of these documents shows that OP1 sold one Micromax mobiles to the complainant with one year warranty on 23.02.2015. copy of jobsheet dated 10.10.2015 proves the defect of mobile as “Power does not switch on, Battery, Restart, Hanging Problem” and the mobile was deposited at service centre OP2 but was not returned to the complainant. It is with OP till date.  For this effect a legal notice was also served upon OP but no avail.  
8. On the basis of above findings, all above material is sufficient evidence in support of complainant’s case while there is no rebuttal from the side of OP. Hence, evidence of the complainant remaining unconverted, stands proved.
9. Thus, holding guilty for deficiency in service for not returning the complainant’s mobile after rectifying the defects and still keeping the mobile with OP2 till today. We therefore, direct OP2 & OP3 to pay jointly and severally to the complainant :-

1. Either replace the mobile with brand new with remaining warranty from the date of first complaint of the defect or refund Rs. 5938/- (Rupees Five Thousand Nine Hundred and Thirty Eight only) the actual prize of mobile.
2. Pay Rs. 2000/- (Rupees Two Thousand) as compensation for harassment of mental agony.
3. Rs. 1000/- (One thousand) as cost of litigation to the complainant.

 

10. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.

 

11. File be consigned to record room.

(Announced on  29.09.2016) 

 

(N.K. Sharma) President

(Nishat Ahmad Alvi) Member

(Usha Khanna) Member