Delhi

East Delhi

CC/489/2016

RAJEEV GUPTA - Complainant(s)

Versus

KARBON MOBILE - Opp.Party(s)

06 May 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. NO. 489/16

 

Shri Rajeev Gupta

S/o Ramesh Chand

R/o House no. 1/10935-1 A, Gali No. 7A,

Subhash Park, Shahdara Delhi- 110032

                                                               ….Complainant

Vs.    

1. M/s Karbonn Mobile Co.

D-170, Okhla Industrial Area,

Phase-1, New Delhi

 

2. Cell Care

Karbonn Service Centre

Customer Receipt No. 18605001492

Authorized Service Center

At A-30, Second Floor Patparganj Road,

Near Jain Mandir, Shakarpur, Delhi- 110092 

…Opponents

 

Date of Institution: 19.09.2016

Judgement Reserved on: 06.05.2019

Judgement Passed on: 09.05.2019

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Harpreet Kaur Charya (Member)

 

JUDGEMENT

          The present complaint has been filed by Shri Rajeev Gupta, complainant against M/s Karbonn Mobile Co, OP-1 and Cell Care, OP-2 under Section 12 of the Consumer Protection Act, 1986.

            Briefly stated the facts of the present complaint are that one, Ms. Kamini Gupta, cousin of the complainant had purchased Karbonn Titanium Octane Plus NA white handset with IMEI/ Serial no. 911352900379879 for Rs. 8,811/-. The said order was placed online with OP-1 and the consideration was paid in cash on 25.03.2015 vide detail invoice no. 4075. The said mobile phone was under one year warranty and the complainant was assured regarding the quality of the product. It has been stated that on 26.02.2016, the complainant visited the authorized service centre, OP-2 with the problem of charging, calling and non working of the handset. The complainant was assured that since the handset was under warranty the same would be repaired within a week. The complainant visited OP-2 after a week where he was informed that the handset could not be repaired and was asked to come after some time. The complainant has further stated that it was only after several personal visits and telephonic calls OP-2 on 30.06.2016 handed over the handset but there was problem with the networking so the complainant refused to take the delivery of the same.         OP-2 again requested the complainant to come after some time. The complainant has also stated that OPs despite mail dated 03.08.2016, 16.08.2016 and 28.08.2016 have failed to return the repaired handset, therefore, feeling aggrieved he has filed the present complaint with prayer for directions to OP to refund the cost of the handset i.e. 8,811/-, interest @24% per annum upon the claim amount till realization, Rs. 80,000/- on account of deficiency in service, mental agony and harassment and           Rs. 5,000/- as litigation charges. The complainant has annexed e-mails dated 18.04.2016, 03.08.2016, 16.08.2016 and 28.08.2016, copy of receipt of handset.

Written statement was filed by OP where they have taken several pleas in their defense such as the handset was under warranty for one year and the batteries charger and accessories carried warranty for six months and the handset was duly repaired by the authorized service centre and it was the complainant who refused to collect the repaired handset despite intimation. It was submitted that the complaint had been filed in the name of Mr. Rajeev Gupta where as the invoice was in the name of Ms. Kamini Gupta. It was further submitted that the complainant had been using the handset for almost eleven months without any problem and the issue might have possibly occurred due to mishandling by the complainant, thus, no deficiency in services could be alleged against them. Rest of the contents of the complaint have also been denied.

Rejoinder to the written statement of OP was filed by the complainant where he has reaffirmed the contents of his complaint and traversed those of the written statement.

Evidence by way of affidavit was filed by complainant where he has deposed on oath the contents of his complaint and has relied on the annexure annexed with it.

OP-1 and OP-2 have got examined Shri Naresh Kumar authorized representative of M/s Jaina Marketing and Associates who have also repeated the contents of their written statement.

We have heard the arguments on behalf of Ld. Counsel for the complainant and Authorized Representative of OP and have perused the material placed on record. The complainant is aggrieved by the problem in charging of the handset which was under warranty. In support of his complaint he has filed the service job sheet bearing number KJASPDL108216KR42306 of date 26.02.2016. As per clause 2 of the terms and conditions;

“The repaired part(s) will be warranted for the remainder of the original warranty period on for thirty (30) days from the date of repair, which ever later”

If we look at e.mails dated 16.08.2016 and 28.08.2016, reflects that the complainant was not satisfied with the services and repairs provided by the OP, at the same time OP has not placed even a single documents to show that the complainant had refused to collect the repaired handset thus the averments of the complainant have remained unrebutted. As far as allegations of manufacturing defects is concerned the complainant has placed only one job sheet which is almost after 11 months from the date of purchase, which implies that the complainant has used the handset without any problem/issue for all this period. Hence, no directions for refund can be given.

Therefore, in the facts and circumstances of the present complaint, we direct OP to repair the handset of the complainant and provide extended warranty of three months. Further we award compensation of Rs. 2,500/- on account of mental agony and harassment, inclusive of litigation expenses.

This order be complied within 30 days from the date of receipt of the order else 2,500/- shall carry interest @9% per annum from the date of order till 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