Delhi

West Delhi

CC/14/745

Paramjeet Singh - Complainant(s)

Versus

J.K. Watch Company - Opp.Party(s)

03 Jun 2017

ORDER

CONSUMER DISPUTE REDRESSAL FORUM (WEST)

GOVERNMENT OF NCT OF DELHI

150-151, Community Centre, C-Block, JanakPuri

Date of institution:13.11.2014

Complaint Case. No.745/14                                          Date of order: 03.06.2017

IN  MATTER OF

ShriParamjeet Singh, H.No.86A, VikasPuriExtention, ChanderViharNilothiExtn. Near Jamidar Property, Nangloi New Delhi-110041                                                           Complainant

VERSUS

M/S J.K. Watch Company and Mobile Shop,B-150 Ganesh Nagar, New Delhi-18

            Opposite party-1

M/S Taneja Service Center(Authorised Nokia Service Center), N.D.Traders, UG-08Vishvadeep Building, District Center, JanakPuri, New Delhi-110058      Opposite party-2

 

M/S CelkonImpex Pvt. Ltd, 3^rd Floor Block 02, My Home Hub,Mahapur, Hi-Tech City, Hyderabad-500081(India)                                                                                     Opposite party-3

 

 

ORDER

R.S. BAGRI,PRESIDENT

               Briefly facts of the present complaint as stated are that the complainant  purchased one mobile hand set make “CELKON A9 PLUS” on29.09.2013 for sale consideration of Rs.4,000/-(Rs. Four Thousands) vide invoice no.582 from theopposite party no.1 with one year warrantymanufactured by the opposite party no.3. The mobile handset developed fault in month of January 2014.The complainant deposited the handset with the authorized service centrethe opposite party no.2 for repairs within warranty on 10.09.2014. The opposite party no.2 told the complainant to collect the repaired mobile handset after 15 days. But when the complainant visited the opposite party no.2 the mobile handset was not repaired. The mobile handset is neither repaired nor returned by theopposite party no.2. Hence the present complaint for directions to the opposite parties to refund cost of the mobile handset, pay  Rs.10,000/-(Rs.Ten Thousands)compensation on account of mental pain, agony and harassment and Rs.5,000/-(Rs.Five Thousands) as litigation expenses.

               Notice of the complaint was sent to the opposite parties. None appeared on behalf of the opposite parties despite service. Therefore, the opposite partieswere proceeded ex-parte vide order dated 26.04.2016.                 

               When the complainant was asked to lead evidence by way of affidavit, the complainant tendered in evidence his affidavit narrating facts of the complaint and relied upon invoice no.582 dated 29.09.2013 and job sheets dated 18.01.2014 and 10.09.2014.

               We have heard the complainant in person and have gone through the material on record carefully and thoroughly.

               The complainant from unrebutted and unchallenged affidavit and documents has been able to show that he purchased one mobile handset make “CELKON A9 PLUS” on29.09.2013 for sale consideration of Rs.4,000/-(Rs. Four Thousands).The handset was given for repairs on 10.09.2014 within warranty to the opposite party no.2 authorized service centre of the opposite party no.3. The mobile handset is neither repaired nor returned to the complainant. There is negligence and deficiency in service on the part of the opposite party no.2 authorized service Centre of the opposite party no.3. The complainant suffered loss of mobile handset. The opposite parties no.2 and 3 are jointly and severally liable to refundthe cost of mobile handset and paycompensation on account of mental pain, agony and harassment.

In light of above discussion and observations we direct the opposite parties no.2 and 3 to refund Rs.4,000/-(Rs. Four Thousands) cost of mobile handset with interest @ 9% per annum from the date of filing the complaint till actual realization and pay Rs.1,000/-(Rs. One Thousand) for compensation for mental pain, agony and harassment and litigation expenses.

Order pronounced on :03.06.2017

• Compliance of the order be made within 30 days after receipt of the order.
• Copy of order be sent to the concerned parties free of cost.
• Thereafter, file be  consigned to record.

 

 

 

 

(PUNEET LAMBA)                                                                          (R.S.  BAGRI)

MEMBER                                                                                           PRESIDENT