Delhi

East Delhi

CC/1051/2014

RAHUL - Complainant(s)

Versus

KARBOON MOBILE - Opp.Party(s)

03 Nov 2017

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. 1051/14

 

Rahul

R.o H.No. G-136

Vill. Gajipur, Near MCD School

Delhi – 110 096                                                                          ….Complainant

Vs.

1. Cell CAre

D-30, 2^nd Floor, Old Patparganj Road

Delhi – 110 092

 

2. Karbonn Mobile Company

39/13, Off. 7^th Main Hal

2^nd Stage, Appareddy

Playa, Indiranagar, Bangaluru-560038                                                  ….Opponents

 

Date of Institution: 18.11.2014

Judgment Reserved on: 03.11.2017

Judgment Passed on: 13.11.2017

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By : Ms. Harpreet Kaur Charya (Member)

 

JUDGEMENT

            Jurisdiction of this forum has been invoked by the complainant Rahul, against Cell Care (OP-1) and Karbonn Mobile Company (OP-2) under Section 12 of the Consumer Protection Act.

2.        Facts of the present complaint are that on 31.03.2014, the complainant had booked one karbonn Mobile, Model A-20 for               Rs. 6,299/- which was delivered on 01.04.2014, bearing IMEI no. 911363750147704 and 911363750147712.  It has been stated that on the very first day, there was problem of “Auto On-Off, for which the complainant visited the authorized service centre on 23.08.2014 and job sheet no. KJASPDL108/CFD/4131 was issued.  The complainant collected the handset after 7 days, but the same problem continued to exist.  Again, on 26.09.2014, the handset was deposited with OP vide job sheet no. KJASPDL108/CFD/5897.  It has further been stated that the repaired handset has not been handed over to the complainant despite several visits to the service centre.  Hence, the present complaint with allegations of deficiency in service and unfair trade practice with prayer for direction to OP to refund the cost of the handset i.e. Rs. 6,299/-; compensation for harassment and mental agony as Rs. 50,000/- and    Rs. 15,000/- as cost of litigation.

            Retail invoice dated 01.04.2014, job sheet dated 23.08.2014, 26.09.2014, emails exchanged between the complainant and OP-2, have been annexed with the complaint.

3.        Notice of the present complaint was served upon OPs, who failed to file their reply within stipulated time and the same was allowed subject to the payment of cost, which was not paid.  Hence, vide order 23.09.2015, it was ordered that their WS shall not form part of the record.

4.        Evidence was filed by the complainant where he deposed the contents of the complaint on affidavit and stated that the handset was not repaired by OP despite the fact that it was under warranty.

5.        We have heard the Ld. Counsels for the complainant and OP and have perused the material placed on record.  The complainant has filed job sheets issued by OP-1 dated 23.08.2014 and 26.09.2014, where it has been mentioned that there was problem of “AUTO ON OFF” with the handset.  During the course of arguments, it was submitted by the Ld. Counsel for complainant that the handset was still with OP-1. 

            When the handset was under warranty, complainant was entitled to get the same repaired, but OP-1 has failed to deliver the repaired handset, definitely amounts to deficiency in service. 

            Further, complainant was also entitled to hassle free use of the handset, but the same had problem of “Auto On Off”, therefore, OP-2, the manufacturer has also failed to sell the product free from defects and provide after sale services.  Hence, we hold both OPs liable of deficiency in services.  Therefore, we direct OP-1 to handover the repaired handset to the complainant.  We also award Rs. 5,500/- as compensation for mental harassment and agony inclusive of litigation expenses within 30 days from the date of order.  OP-1 and OP-2 shall be jointly and severally liable to pay the compensation.

            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