Haryana

Ambala

CC/126/2018

Vijay Sharma - Complainant(s)

Versus

Iqor Global Services India Pvt Ltd - Opp.Party(s)

Pardeep Batra

02 Jul 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                          Complaint case no.        :  126 of 2018

                                                          Date of Institution         :  13.04.2018

                                                          Date of decision   :  02.07.2018

 

 

Vijay Sharma son of M.R.Sharma r/o H.No.28, Housing  Board Colony, Ambala Cantt.

……. Complainant.

 

 

The iQor Global Services India Private Limited, Shop No.12, First Floor, Sector-7, Urban Estate, Ambala City.

 

 

       ….…. Opposite Party  

 

 

Before:        Sh.D.N.Arora, President.

                             Sh.Pushpender Kumar, Member.

                            

                            

Present:       Sh. Pardeep Batra, counsel for the complainant.

Ops ex parte v.o.d . 31.05.2018.

 

 

ORDER:

In nutshell, brief facts of the present complaint are that the complainant had purchased I phone-7 32 GB made apple on 14.02.2017 vide bill no.5582 for Rs. 58,000/-. After few months the above said phone developed problem and started working properly. The complainant handed over the set for repair to the OP on 08.01.2018 as the said phone was within warranty period.  At the time of giving the said phone for repair in the office of the OP, the OP gave another set of iphone-6 for using the same to  the complainant on 10.01.2018 and the  OP got the signature of the complainant on loaner personal data form. On 29.01.2018 the complainant went to the office of the OP for taking  back his phone and for returning the iPhone-6  of service centre. It is pertinent to mention here that when the iphone-6 of the service centre was returned it was perfectly in a working condition and there was absolutely no scratch or any mark on the body of the phone and the complainant the said phone in nice manner with full care but inspite of all this the OP demanded Rs. 25,000/- from the complainant and retained the original phone of the complainant in order to pressurize the complainant to pay and fulfill the illegal demand of Rs. 25,000/- The complainant deposited the amount of Rs. 25,000/- under protest.  The money in the tune of Rs. 25000/- charged by the OP is illegal and against the terms and conditions of business transaction and based on “unjust enrichment”. And has caused a great mental agony in the mind of complainant. The complainant got the legal notice dated 05.03.2018 served upon the OP. Hence, the present complaint.

2.                Registered notice issued to Op but none has appeared on behalf of the OP and he was proceeded against ex-parte vide order dated 31.05.2018.

3.                To prove his version complainant tendered his affidavit as Annexure C-A along with documents as annexure C-1 to C-6 and close his evidence.

4.                We have heard counsel for the complainant and carefully gone through the case file.

5.                The complainant has come with the plea that he had purchased I Phone-7 32GB made Apple  on 14.02.2017 vide bill no. 5582 for Rs. 58000/- and it become defective and handed over the set for repair to the OP on 08.01.2018. At the time of giving the said I Phone, OP has  given another set of I Phone-6 for using the same on 10.01.2018 in lieu of the above said set and OP has charged Rs. 25,000/- illegally from him  vide Annexure C-4 subject to returning the iPhone -6. The complainant further alleged that original mobile has been repaired by the OP and same has been handed over to him. The main grievance of the complainant that he has handed over the another set to the OP in working condition which was given for use but the OP has not returned the amount Rs. 25000/- as per the Annexure C-4. This Forum has given the direction to the complainant to produce the original bill of the mobile/iPhone-7 which was purchased by the complainant initially but he failed to produce the same. Another strange factor which this Forum has noticed that the complainant under grab of this complaint tried to take the benefit of Consumer Protection Act because on one hand he has sought relief qua refunding of Rs. 25,000/- and on the other hand there is nothing on record to authenticate the version made by the complainant qua returning of mobile which was given to him for his use till the repair of the defective mobile. No doubt the OP is ex parte but it is a settled law that the complainant has to stand on his own legs without taking the benefit of weaknesses of the other party. In the present case the complainant has failed to establish deficiency in service/ unfair trade practice on the part of OP by leading concrete evidence. Therefore, the present complaint deserves to be dismissed as link evidence in this case is missing. Accordingly, the present complaint is hereby dismissed with no order as to costs. Copy of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on :02.07.2018

                    

 

 

 

                                (PUSHPENDER KUMAR)                 (D.N. ARORA)

                                        Member                                      President