Delhi

East Delhi

CC/1142/2014

MANOJ - Complainant(s)

Versus

KARBONN MOBILE - Opp.Party(s)

27 Oct 2016

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 1142/14

 

1. Shri Manoj Kumar

S/o Shri Harish Chander

R/o A-64, Chander Vihar

Gali No. 8, Mandawali,

Delhi – 110 092                                                                               ….Complainant

 

Vs.

 

1. The New Mobile Mart

R-52, Vikas Marg, Shakarpur

Near Metro Pillar NO. 44,

Delhi – 110 092

 

2. New Mobile Care

WZ-109, Street No. 1, Sadh Nagar

Palam Colony, New Delhi – 110 045

 

3. Karbonn Mobile Company

39/13, Off. 7^th Main Hall

2^nd Stage, Appareddly Palya

Indranagar, Bangalore - 560038                                                              ….Opponents

 

Date of Institution: 18.12.2014

Judgment Reserved on: 27.10.2016

Judgment Passed on: 28.11.2016

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By : Ms. Harpreet Kaur Charya (Member)

JUDGEMENT

            The  present complaint pertains to allegations of deficiency in service by the complainant Shri Manoj Kumar against The New Mobile Mart (OP-1), New Mobile Care (OP-2) and Karbonn Mobile Company (OP-3).

2.        The sequence of events that flow from the complaint are that the complainant had purchased Karbonn Mobile from OP-1 on 03.03.2014 for Rs. 10,900/- vide Tin No. 9911999795 and IMEI no. 711309353756581 and got it insured with OP-2 by paying a sum of Rs. 1,090/-.  Soon after purchase, there was problem with respect to the display and charging of the handset.  Job Card no. 42297 dated 16.05.2014 was issued by OP-2 with assurance that the handset shall be repaired and handed over within 7 days.  Again on 15.07.2014, the complainant submitted the handset with charging and display problem which was persisting within months of purchase.  However, the grievance of the complainant was neither addressed nor resolved despite several written reminders and personal visits.  The complainant has prayed for refund of Rs. 10,900/- as the cost of the handset             Rs. 20,000/- as compensation for mental agony and pain and Rs. 5,000/- as litigation expenses.

Invoice dated 03.03.2014, cashless protection plan dated 03.03.2014, statement of credit card in the name of the complainant, job card no. 1219 dated 16.05.2014 and job card no. 962 dated 15.07.2014 are annexed with the complaint. 

3.        All the OPs were served with the notice of the complaint.  However, OP-1 and OP-2 did not file any written statement.  WS was filed by OP-3, where they took the plea that OP-3 provided one year warranty under the normal use for mobile phone and 6 months for batteries, chargers and accessories and there was no manufacturing defect in the mobile handset.  Thus, there was no deficiency in service on their part.

4.        Rejoinder was filed to the WS of OP-3, where the contents of WS were denied and averments made in the complaint were reiterated.

5.        Shri Manoj Kumar, filed evidence by way of affidavit, where he affirmed the contents of the complaint on oath.  However, no evidence was filed by OP-3 despite opportunity.

6.        We have perused the material placed on record and documents annexed with the complaint.  Job sheet bearing no. 1219 dated 16.05.2014 reveals that the handset had display and charging problem, another job sheet bearing no. 962 dated 15.07.2014 also reveals that there was charging problem with the handset.  As the complainant had taken protection plan from OP-2, which extended warranty up to 2 years from the date of device purchased, the handset was under warranty and it was the duty of OP-2 to repair the handset. 

As the complainant has placed the Job Sheet dated 16.05.2014, which shows that the complainant had started facing problem with the handset within 2 months of purchase.  Therefore, we direct OP-3 to repair the handset of the complainant as it was very much within warranty.  We also award Rs. 3,500/- as compensation for mental agony and harassment Rs. 1,500/- are also awarded as cost of litigation expenses, which shall be paid by OP-3.

The order be complied within a period of 30 days from the date of receipt of the order, failing which the awarded amount of Rs. 5,000/- will be payable with 9% interest p.a. from the date of filing till realisation. 

             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