DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 272/2016
D.No.__________________ Date: ________________
IN THE MATTER OF:
GOVIND LAL GAUTAM S/o SH. NARHARI PRASAD,
R/o H. No. A-255, RAILWAY JHUGGI CAMP,
CEMENT SIDING SHAKUR BASTI,
NORTH-WEST, DELHI-110034 … COMPLAINANT
Versus
1.INTEX SERVICE CENTRE,
No.11, CS-4, SECTOR-2, NEAR HDFC ATM,
ROHINI, NEW DELHI-110085.
2. THE PHONE STORE PLUS,
G-3/2, BHANOT TRADE CENTER,
BLOCK A 2CC NEAR JWALA HERI MKT.,
PASCHIM VIHAR, DELHI-110063.
3. ROYAL GADGET CARE,
26A, B-BLOCK, STREET No. 5, VIKAS NAGAR,
UTTAM NAGAR, NEW DELHI-110059. … OPPOSITE PARTY(IES)
CORAM :SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 17.02.2016
Date of decision:17.10.2017
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MS. USHA KHANNA, MEMBER
ORDER
1. The complainant has filed the present complaint against the OP under the Consumer Protection Act, 1986 therebyalleging that the complainant purchased a mobile handset Intex Aqua Star HD bearing IMEI No. 911404201124452 for a sum of Rs.9,500/-vide retail invoice no. 2487 dated 21.03.2015 from OP-2 and OP-2 offered the complainant to take mobile handset protection insurance, first the complainant refused but OP-2 continuously persuaded the complainant and in the end the complainant took the insurance plan for mobile handset for Rs.950/- vide Plan ID No. RGC 4939 dated 21.03.2015 which provided for 2 years warrantee. The complainant further alleged that the mobile handset was not working properly and on 19.12.2015 the mobile handset was deposited at the service center i.e. OP-1 and OP-1 issued a job sheet and told him to come after a week and the complainant visited OP-1 so many times but the mobile handset was not repaired by OP-1 and the mobile handset was also not returned. On 04.01.2016, OP-1 offered him another old handset which was also in very poor condition, the battery of that mobile handset was taped and the complainant refused to take the mobile handset and demanded his own mobile handset. The complainant approached to
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customer care of Intex and they again deposited mobile handset for repairing and issued a new job sheet and the old job sheet was deposited at OP-1 by the complainant and the complainant was asked to collect his mobile handset on 11.01.2016. The complainant further alleged that from 11.01.2016 to 12.02.2016 the complainant visited OP-1 eight times but his mobile handset was not repaired and also refused to return the mobile handset and the complainant further alleged that there is deficiency in service and unfair trade practice on the part of OPs.
2. On these allegations the complainant has filed the complaint praying for direction to OPs to return the mobile handset or to give other intex mobile handset of the same value.
3. Notices to OPs were issued through speed post for appearance on 24.05.2016 and the notices to OP-1 & OP-2 were served on 11.04.2016 & 09.04.2016 as per track report and notice to OP-3 was issued and as per track report “item delivery attempted door locked-intimation served”. But none for the OPs appeared on 24.05.2016 & 23.08.2016 and as such OPs have been proceeded ex-parte vide order dated 23.08.2016.
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 no. 2487 dated
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21.03.2015 issued by OP-2, copy of cashless protection plan vide Plan ID No. RGC 4939having rubber seal of OP-2, copy of service job sheet no. 601045360016T001 dated 04.01.2016.
5. This forum has considered the case of the complainant in the light of 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. Moreover, it appears that even after receiving notice ofthis case from this forum, the OPs have kept mum and have not bothered to answer the case of the complainant. It seems that OPs have no defence at all in their favour.
6. On perusal of the record, we find that the complainant had purchased an Intex Aqua Star HD mobile handset from OP-2 alongwith extended warrantee provided by OP-3. When the mobile handset became defective it was deposited at OP-1 i.e. service center for repairing but OP-1 failed to repair the mobile handset of the complainant and offered him a standby and old handset which was refused to be accepted by the complainant because the mobile handset was very old and of lower model and demanded his own handset. The job sheet dated 04.01.2016 filed by the complainant issued by OP-1 proves the defect in the mobile handset as ‘applications not working’. OP failed to rectify the defects of the mobile handset of the complainant which has occurred in the
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mobile handsetand it is still lying at OP-1 but could not be resolved. It was the duty of the OPs to rectify thedefect once for all or to replace the product. A customer/consumer is not expected to file complaints frequently in respect of new product purchased. It is expected that the new product purchased is free from all sorts of defect in the product. Accordingly, OPsare held guilty of unfair trade practice and deficiency in service.
7. Accordingly, OPs jointly or severally are directed as under:
i) To pay to the complainant an amount of Rs.9,500/- being the cost of the mobile handset alongwith an amount of Rs.950/- being the cost of insurance plan on return of original bill, job sheet & accessories.
ii) To pay to the complainant an amount of Rs.4,500/- as compensation towards mental agony and harassment caused to the complainant which includes cost of litigation.
8. The above amount shall be paid by the OPs jointly or severally to the complainant within 30 days from the date of receiving of this order failing which OPs shall be liable to pay interest on the entire awarded amount @ 10% perannum from the date of receiving of this order till the date of payment. If OPs fail to comply the order within 30 days from the date of receiving 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 17thOctober, 2017.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
