Delhi

West Delhi

CC/14/293

Shikha Bhatia - Complainant(s)

Versus

Karbonn Mobiles - Opp.Party(s)

17 Oct 2016

ORDER

CONSUMER DISPUTES REDRESSAL FORUM (WEST)

GOVERNMENT OF NCT OF DELHI

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

 

                                                                                     Date of institution           :15.5.14

 

Complaint Case. No 293/14                                                                Date of order           17.10.16              

In the matter of

Shikha Bhatia,

D/o Roshan Lal Bhatia,

R/o B-21, Gulab Bagh, Haluman Mandir Road,

Near Nawada Metro Station,

Uttam Nagar, New Delhi-59.                                                                                    COMPLAINANT         

VERSUS

Karbon Mobiles

(Jaina Marketting Associates),

D-170, Okhla Industrial Area,

Phase-I, New Delhi-20.                                                                                  OPPOSITE PARTY-1

 

Karbon Mobiles,

39/13, office 7^th Main, Hal 2^nd Stage,

Appearedy Palya Indernagar,

Bangalore-38.                                                                                                 OPPOSITE PARTY-2

 

Karabon Service Center,

UG-14, Suneja Tower-II,

1^st Floor, District Center,

Janak Puri, New Delhi-18                                                                             

&

Smart Services,

D-118, 1^st Floor,

Jail Road, Near Bikanerwala,

Feteh Nagar Gurudwara,

Tilak Nagar, New Dlhi.                                                                                  OPPOSITE PARTY-3

 

Reliance Retail Ltd.,

Plot No.B-1/629,

Najafgarh Road, Janak Puri,

New Delhi-58.                                                                                                            OPPOSITE PARTY-4

 

ORDER

R.S. BAGRI, PRESIDENT

            The present complaint is filed by Shikha Bhatia, complainant under Section 12 of the Consumer Protection Act .  The brief relevant facts necessary for the disposal of the present complaint are that the complainant purchased a mobile handset of make Karbon TitaniumGSM S5 Blue with IMEI

2

No.911309350344936  from Reliance Retail Ltd., Opposite Party-4 for sale consideration of Rs.11498 vide invoice  dated 8.8.13.  The mobile handset developed some fault.  The  same was deposited with Opposite Party-3 for repairs  authorised service center of Opposite Party-2 within warranty.  The Opposite Party-3 issued job sheet No.KJASPDLO741213K5579 dated 26.12.13.  The Opposite Party-3 told the complainant that the mobile handset would be repaired within one month.  The complainant on 27.1.14 inquired about status of the mobile handset.  The Opposite Party-3 again told the complainant to come after 15 days.   But despite several visits to the Opposite Party-3 the handset is neither repaired nor returned till today.   The complainant sent written complaint to Opposite Party-1 on 2.4.14.  But no response was given.  Hence, the present complaint for directions to Opposite Parties to replace the mobile handset in alternative pay a sum of   Rs.11498/- cost of mobile handset alongwith compensation of Rs.3,000/- for mental pain, agony and harassment and Rs.2,000/- as litigation expenses. 

            Notice of the complaint was sent to the Opposite Parties . The  Opposite Parties 1 and 2 filed  their reply to the complaint  admitting that the mobile handset was purchased on 8.8.13.  But asserted that there is no manufacturing defect in the mobile handset.  The mobile handset was repaired and the complainant was informed.  But the complainant refused to to collect the repaired handset and pressed for replacement with a new one.   The complaint is false and frivolous. Hence, there is no negligence and deficiency in service on part of the Opposite Parties 1 & 2 .   They prayed for dismissal of the complaint with heavy cost. But  Opposite Parties 3 & 4 did not file reply to the complaint.  

            When the parties were asked to file evidence by way of affidavit, the complainant  filed affidavit dated 7.1.16 and relied upon copy of invoice, job sheet dated 26.12.16  and letter to Managing Director Opposite Parties 1 and 2,  once again narrating the facts of the complaint.   She further deposed that the mobile handset developed fault and was given to Opposite Party-3 for repairs within warranty.  But despite several reminders the mobile handset is neither repaired nor returned till today.  Despite several opportunities to file evidence, Opposite Parties failed to file the same and were proceeded exparte vide order dated 18.4.16. 

            From the perusal of the material on record, it reveals that the complainant purchased one mobile handset of make Karbon TitaniumGSM S5 Blue with IMEI No.911309350344936  for sale consideration of Rs.11498.  The mobile handset developed some fault and was deposited with Opposite Party-3 authorised service center of Opposite Party-2 for repairs within warranty vide   job sheet No.KJASPDLO741213K5579 dated 26.12.13. 

 

3

            We have heard complainant  in person and gone through complaint, reply and affidavit dated 7.1.16 and documents placed on record carefully and thoroughly.

 

The version of the complainant has remained unrebutted and unchallenged.  There is no reason to disbelieve the unrebutted and unchallenged evidence produced by her.  The complainant from the unrebutted affidavit, invoice, job sheet and undated  letter has been able to show that on 8.8.13 she purchased one mobie handset of make Karbon TitaniumGSM S5 Blue with IMEI No.911309350344936  from Reliance Retail Ltd., Opposite Party-4 for sale consideration of Rs.11498 . The mobile handset developed some fault and was deposited with Opposite Party-3 for repairs within warranty.  But they did not repair and return the handset till today.  The Opposite Parties 1 & 2 in their reply asserted that the mobile handset has been repaired and the complainant was informed but same is not corroborated by any material on record.   Moreover, they did not send reply to the letter of complainant for  resolving her grievance.  Therefore, there is negligence and deficiency in service on the part of Opposite Parties 1, 2 & 3.  The complainant has loss of mobile handset.   She is also deprived of her valuable right to use the mobile handset.   Therefore, the Opposite Parties 1, 2 & 3 are jointly and severely liable to pay Rs.11498/- cost of mobile handset alongwith Rs..3000/-   as compensation for mental pain, agony and harassment to the complainant and litigation expenses. 

            In the light of above discussion and observtions, the complaint succeeds and is hereby allowed.  The Opposite Parties 1,2 &3 are directed to pay Rs.11498/- cost of mobile handset with interest at the rate of 9% per annum from the date of filing of the complaint till actual realization of the amount.  We also award RS.3,000/- for mental pain, agony and harassment and cost of litigation.

ORDER PRONOUNCED ON  :17.10.2016

·        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.

·        Thereafter, file be  consigned to record.

 

 

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

  MEMBER                                            MEMBER                               PRESIDENT