Delhi

West Delhi

CC/17/538

JASBEER SINGH - Complainant(s)

Versus

INNOCOM ELECTRONIC - Opp.Party(s)

26 Aug 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (WEST).

150-151; COMMUNINTY CENTER ; C-BLOCK; JANAK PURI; NEW DELHI

CASE NO. 538/2017

Jasbeer Singh,

Son of Dalbeer Singh,

House  No. WZ-262,B/1, Gali No. 3,

Guru Nanak Nagar,

New Delhi                                                                   ..…. Complainant

 

 

VERSUS

 

1. INNOCOM  ELECTRONICS INDIA PVT. LTD.

JMD Megapolis, Sohna Road, Sector-48

Gurugram,

• Haryana-12204

 

 

 

2. CAREZONE

ACCEL FRONTLINE Global Service

• No-B15

Shankar Garden Vikas Puri,

Opp. Metro Piller No. 609

• Near JanakPuri West Metro

New Delhi-110018….Opposite Party No.2

 

 

O R D E R

 

K.S. MOHI, PRESIDENT

 

The complainant has filed the present complaint against the O.P under section 12 of Consumer Protection Act, 1986.  The complainant had  purchased  one ‘INFOCUS  M 810’ Mobile Phone online  from AMAZON.IN  on  10.11.2015 for a sum of Rs 11,999/-.  When complainant  started using the  mobile it suddenly  used to get excessively heated up  and became completely  inoperative on 03.11.2016  thereafter  the complainant visited  service centre of OP -2 where he was told  that  hand set would be repaired within 6-7 days.  When he called the service centre  after 15 days  he was again informed that  further period of 15 days would be required for  repair of hand set.  Complainant has been following up OP-2 through e-mail but handset was not repaired.  The complainant stated that non repair of the mobile phone within reasonable time is nothing but deficiency in service, therefore, he filed the present complaint for refund of Rs. 11,999/- being sale price of the mobile  with  compensation.  

2. The OPs were served with the process report but did not appear accordingly were proceeded ex-parte vide order dated 06.06.2018 .
3. When   the    complainant was asked to  file  ex-parte  evidence, the complainant filed ex-parte affidavit of evidence reaffirming the facts of the complaint on oath.

4.     We have heard the complainant in person and perused the record filed by complainant.

5.     The complainant has supported  and substantiated  the contents of the complaint by filing  affidavit of evidence on oath. The documents  filed on  the record indicate that mobile  phone was  deposited with OP on 05.11.2016  but was not repaired and  handed over to the complainant.  The OPs did not appear in the court for the reason best known to them.   There is absolutely no reason to disbelieve the un-challenged and  un-rebutted  testimony of complainant.  Admittedly the complainant used the facility of mobile set for a period of one year.   

6.     Keeping in view the discussion stated above we allow the complaint    and  pass an award  in the sum of Rs. 10,000/- and further we award Rs.7,500/- as compensation for harassment, mental agony and litigation expenses  to be paid by OP  within 45 days from the date of receipt of this order failing which failing which OP shall be liable to pay interest @ 6% p.a. from the date of filing of the complaint till actual realization.

Copy of this order be sent to the parties as per rules.

File be consigned to the record room. 

  Announced this__26th____ day of __August _____ 2019.

 

 

( K.S. MOHI )                                                     (PUNEET LAMBA)                     

PRESIDENT                                                              MEMBER