Delhi

West Delhi

cc/15/545

MANOJ KUMAR - Complainant(s)

Versus

JAINA MARKETING ASSOCIATES - Opp.Party(s)

02 Jun 2016

ORDER

 CONSUMER DISPUTES REDRESSAL FORUM (WEST)

GOVERNMENT OF NCT OF DELHI

150-151, Community Centre, C-Block, Janak Puri, New Delhi – 110058

 

                                                                                                     Date of institution                          : 12.8.15

 

Case. No.DF-III/545/2015/                                                                 Date of order    : 2.6.16

In the matter of :-

Sh. Manoj Kumar Vishwakarma,

C-46, Shri Chand Park, Matiyala Village,

Uttam Nagar, New Delhi-110059                                                         Complainant

Vs.

 

Jaina Marketing  and Associates,

Khasra No. 631, Phirni “Sedak, Village Bijwasan,

Near CISF Camp, Delhi-110061.                                                Opposite Party No.1

 

Perfect Services,

Jyoti Shikhar Tower,

District Centre, Janak Puri,

New Delhi                                                                                         Opposite Party No.2

 

Panasonic India Pvt. Ltd.

D-170, Okhla Industrial Area, Phase-I,

New Delhi-110020                                                                        Opposite Party No.3

 

 (R.S. BAGRI, PRESIDENT)

O R D E R     

            The brief facts as per version of the complainant Sh. Manoj Kumar are that he purchased  PANASONIC P55 WHITE mobile handset  from Jaina Marketing  and Associates (OP-1)  on 29.1.15 for a sum of Rs. 8468/- with warranty of one year.            But after few months, the mobile handset developed some faults.   On 11.5.2015 he handed over the mobile handset to Perfect Services (OP-2) for repairs.   They promised to return the mobile handset within 15 days.   But failed to return the mobile handset in time.   On 27.6.15 he again visited the opposite party-2 for collecting the mobile handset.   They returned the  mobile  handset  and when he checked the mobile handset  the  same was

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not in working condition.   On 29.6.15, he again deposited the mobile handset with opposite party-2.    He visited opposite party-2 on 3.8.15 and found that mobile handset faulty.   Since then the mobile handset is with opposite party-2.  They have neither repaired nor returned the mobile handset.   Hence, the present complaint for direction to opposite parties to pay a sum of Rs. 8468/- as cost of the mobile handset, Rs. 30,000/- compensation for mental pain, agony and harassment and Rs. 10,000/- as litigation expenses.

 

            Notice of the complaint was given to the opposite parties.   Counsel for opposite parties appeared.   But they failed to file reply and lastly on 15.2.15 opposite parties were proceeded ex-parte.

 

            When the complainant was asked to lead evidence he submitted affidavit dated 5.2.16 wherein he once again narrated the facts of the complaint.   The complainant in support of his version had also relied upon photocopies of invoice dated 29.1.15 and job sheets dated 10.7.15 and 25.9.15.

 

            From the perusal  of invoice and job sheet, it reveals that the complainant purchased PANASONIC P55 WHITE mobile handset on 29.1.15 for sum of Rs. 8468/- .  The mobile started giving trouble within few days.   The mobile handset was given to opposite party-2 for repairs.   But they failed to repair the mobile handset.   They also failed to return the mobile handset.    The complainant is deprived of use of his mobile handset.

 

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            We have heard the complainant in person and have gone through the complaint, invoice and job sheets dated 10.7.15 and 25.9.15 carefully and thoroughly.

 

            The version of the complainant, invoice  dated 29.1.15 and job sheets dated 10.7.15 and 25.9.15 have remained un-rebutted and unchallenged.   Therefore, there is no reason to disbelieve  the same.

           

            From the un-rebutted and un-challenged version of the  complaint, it is proved that the complainant purchased PANASONIC P55 WHITE mobile handset on 29.1.15 from opposite party No.1 for sale consideration of Rs. 8468/-.   The mobile started giving trouble after some days.  He delivered the mobile handset to opposite party - 2 with the promise that the defect of the mobile handset will be rectified and handed over to the complainant    after 15 days.   The opposite party-2 failed to return the mobile handset after repairs.    On 27.6.15, the complainant again visited to opposite party-2 for collecting the mobile.   He could not check camera of the mobile because he did not have battery.   On  returning home he checked the mobile handset and found that the mobile handset was not in working condition.      On 29.6.15 he again gave the mobile to opposite party-2.  But the opposite party-2 neither repaired the mobile nor returned the same.   Hence, opposite party-2 is negligent and there is unfair trade practice on their part.

 

           

 

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            The complainant is deprived of his mobile hence he has suffered loss of mobile.   Hence, the complainant is entitled  for cost of mobile handset and compensation.

 

            On 30.5.16 counsel for opposite party-1  handed over a cheque No.000681 dated 16.316 for a sum of Rs. 8468/- cost of the mobile handset to complainant.

 

            This fact also established that there is deficiency in service on the part of opposite party.  Therefore, the complainant is entitled for compensation on account of loss his right to use the mobile handset, pain, agony and suffering as well as  litigation expenses.

 

            Therefore, we direct the opposite party-2 to pay sum of Rs. 10,000/- as compensation on account of loss of use of mobile handset, pain, agony and suffering and litigation expenses.

Order pronounced on   :  2.6.2016

• 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.
• File be  consigned to record.

 

 

 

 

(PUNEET LAMBA)                               (URMILA GUPTA)                   ( R.S.  BAGRI )

  MEMBER                                            MEMBER                               PRESIDENT