Delhi

East Delhi

CC/647/2015

MARTEN ARYAN - Complainant(s)

Versus

INTEX TECH. - Opp.Party(s)

28 Sep 2016

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 647/15

 

Master Aryan

(Through his natural guardian)

R/o N-7, Jyoti Nagar

Loni Raod, Delhi                                                                          ….Complainant

 

Vs.

 

1. M/s. Intex Technologies (India) Ltd.

D-18/2, Okhla Industrial Area

Phase – II, New Delhi – 110 020

 

2. M/s. Sai Electronics

Shop No. 28, Pocket B&E, DDA Market

Dilshad Garden, Delhi – 110 095

 

3. M/s. Globe Connexion Services

Plot No. 23, 1^st Floor

Veer Savarkar Marg,

Vikas Marg, Delhi-110 092                                                         ….Opponents

 

Date of Institution: 04.09.2015

Judgment Reserved for : 28.09.2016

Judgment Passed on : 17.10.2016

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By : Ms. Harpreet Kaur Charya (Member)

 

 

 

 

JUDGEMENT

            Present complaint has been filed under Section 12 of the Consumer Protection Act in the name of Master Aryan, through his natural guardian, against OP-1 M/s. Intex Technologies (India) Ltd., manufacturer, OP-2 M/s. Sai Electronics, distributor and OP-3 M/s. Globe Connexion Services. 

2.        The brief facts of the complaint are that on 26.05.2014, Model Intex Octa, mobile phone was purchased from OP-2 for Rs. 15,600/-.  The invoice bearing serial No. 53004 being book no. 266 was issued.  the said handset had auto off problem and some applications were not working.  With time, problem with the handset persisted.  On 29.01.2015, the handset was given to OP-3 for repairs and job card bearing Serial          No. 501295715020T001 was issued.  The product was within warranty.  The defects in the handset were not repaired. 

            It is further stated that on 20.03.2015, an endorsement regarding non availability of model and handset not repaired till date was given by representative of OP-3.  More time was sought by OP-3 for repair on one pretext or another.  Despite several reminders and communication through fax, OP no. 3 had failed to hand over the mobile handset to the complainant, which has been lying with them till the filing of this complaint from 29.01.2015. 

            Legal notice dated 13.05.2015 was sent to OPs.  The complainant has prayed for directions to OPs to refund Rs. 15,600/-, compensation for mental agony and harassment is valued at Rs. 25,000/- and cost of litigation. 

3.        Notice of the complaint was served upon all the OPs, but none chose to appear, thus they were proceeded ex-parte on 27.11.2015.

4.        Thereafter, complainant filed ex-parte evidence by way of affidavit, where Shri Dinesh Bansal, father of the complainant was examined; who placed reliance on Ex.CW1/1 – copy of I.Card of the complainant, Ex. CW1/2 is the retail invoice dated 26.05.2014, Ex. CW1/3 is the copy of the job card dated 29.01.2015, Ex. CW1/4 (colly.) and      Ex. CW1/5 (colly) are copy of the legal notice alongwith postal receipts.  Ex.CW1/6 is the fax message dated 30.07.2015, 31.07.2015, 06.08.2015 and 12.08.2015. 

5.        We have heard the arguments addressed by Ld. Counsel for the complainant and perused the material placed on record.  The handset had charging problem, display problem and auto off problem as inscribed on the job sheet Ex.CW1/3.  Further, the endorsement on the same reveals that handset was lying unrepaired with OP-3.  As, none of the OPs have put appearance and filed written version, the allegations made by the complainant have remained unconverted.  Ex.CW1/3 clearly reveals that phone was within warranty and despite that complainant started facing problem with the phone within first year of purchase.  Hence, OP-1 and OP-2 are jointly liable to pay Rs. 15,600/- alongwith    9% interest from the date of filing of this complaint.  We also award            Rs. 3,500/- as compensation for mental harassment.  This shall include cost of litigation also. 

6.        If the above said directions are not complied within 30 days from the date of receipt of this order, then Rs. 3,500/- shall also carry interest @ 9% till its realization.

            Copy of the order be supplied to the parties as per rules.

File be consigned to Record Room.

 

 

(DR. P.N. TIWARI)                                              (HARPREET KAUR CHARYA)

Member                                                                                Member    

     

      (SUKHDEV SINGH)

             President