Delhi

North East

CC/454/2014

B.L. Soni - Complainant(s)

Versus

Intex - Opp.Party(s)

22 Mar 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.454/14

 

CORAM:        Hon’ble President Sh. N.K. Sharma

                        Hon’ble Member Sh. Nishat Ahmad Alvi

                        Hon’ble Member Mrs. Manju Bala Sharma

 

In the matter of:

 

	Shri B.L. Soni S/o Shri Parag Narayan Soni R/o X-1/12, Gali No. 5, Ex-Block, Brahampuri, Delhi
			Complainant
	Versus
1	Setia Stores P-3/2429, Main Road, Goverdhan Bihari Colony, Shahdara, Delhi-110032
2	INTEX Intex Technologies (India) Ltd. D-18/2, Okhla Indl. Area, Phase-II New Delhi-110020
3	Shree Communication C-4/8, 1st Floor, Opposite C-5 Market, Yamuna Vihar, Delhi-110053		Opposite Parties
		DATE OF INSTITUTION:		31.10.2015
		DATE OF DECISION      :		22.03.2016

N.K. Sharma, President:-

Nishat Ahmad Alvi, Member:-

Mrs. Manju Bala Sharma

 

Order

 

1. The case of the Complainant is on 9.2.2014 Complainant purchased a mobile phone from OP1 for a sum of Rs. 6400/- vide invoice no. 10318 with one year warranty. On 26.06.2014 the screen appearance got lost and the Complainant took the mobile to OP3, the service centre, who after 9-10 days gave the mobile back to Complainant stating that the same has been repaired. On 20.07.2014 the mobile phone again developed same problem and Complainant again visited same service centre and OP2 gave the mobile after repair to the Complainant. On 28.07.2014 the voice was not being transferred to the receiver and it got hanged up. The Complainant called at consumer complaint desk i.e. OP2 on 29.08.2014 and registered complaint vide complaint no. 201482917521936 and 20149414204883 but till date no one appeared from the office of OP2. It is further stated by the Complainant that the mobile in question is having inherent manufacturing defects. Pleading deficiency in service on the part of all the OPs. Complainant prayed that the OPs be directed to pay the cost of mobile i.e. Rs. 6400/- alongwith 18% interest, compensation of Rs. 50,000/- for the mental agony and harassment suffered by the Complainant and Rs. 11,000/- on litigation expenses.
2. Notice was issued to all the OPs but OPs 1 and OP3 didn’t enter appearance though served with notice, hence OP1 & OP3 were proceeded with ex parte. OP2 entered appearance and filed its reply while admitting the purchase of the mobile denied all the allegation contained in the complaint and stated that the Complainant out of pure greed and nefarious Intention has filed the present complaint to extract compensation from the OPs and that the OPs have provided their services without any delay or negligence. It have been further stated that the complaint is without any cause of action. Complainant has filed its rejoinder reiterating the facts stated in the Complaint. Evidence by way of affidavit has been filed by the Complainant and OP2.
3. Heard the counsel for the parties and gone through the record.
4. The Complainant  has produced on record the copy of the bill of mobile phone dated 09.02.2014 and copy of OP the job sheet dated 20.07.2014 and 28.07.2014 vide which he deposited phone with OP3. In the column of “warranty status” in both the job sheet dated 20.07.2014 and 28.07.2014 the mobile phone is shown  “in warranty” and in column “warranty remarks” it is shown as “under warranty” and the problem reported in the job sheet is “Handset is dead”.
5. From the perusal of the record, it is established that there is deficiency in service on the part of OPs and OPs are held liable jointly and severally for the same. Considering the fact that the Complainant has used the mobile phone for about 5 months, we direct that all the OPs shall jointly and severally pay to the Complainant a sum of Rs. 3500/- towards the cost of the phone, Rs. 10,000/- as compensation towards mental agony and harassment and Rs. 5,000/- as litigation cost.
6. All these amounts shall be paid within 30 days from the date of receipt of copy of this order. In case of failure, OPs shall be liable to pay interest @9% p.a. from the date of receiving this order till its realization.
7. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. File be consigned to record room.
8. Announced on 22-03-2016

 

(N.K.Sharma) President

(Nishat Ahmad Alvi) Member

(Manju Bala Sharma) Members