Delhi

West Delhi

CC/17/37

SHIV LAL MEENA - Complainant(s)

Versus

LEECO SERVICE - Opp.Party(s)

24 Feb 2020

ORDER

CONSUMER DISPUTES REDRESSAL FORUM (WEST)-III

 

CASE NO. 37/2017

 

SH. SHIV LAL MEENA

RZ-F-222/82, GALI NO. 34,

SADH NAGAR, PALAM COLONY,

NEW DELHI.                                                                    ….. Complainant

 

V E R S U S

LeECO SERVICE CENTRE

ADD- 5A/1, TILAK NAGAR,

OPP. PILLAR NO. 492,

NEW DELHI-110018.                                                       ….. Opposite Party-1

 

LeECO MOBILE CO.

ADD- DLF CORPORATE PARK,

TOWER 4B, SECOND FLOOR,

UNIT NO.- 201, 204,

GURGAON, HARYANA-122002.                                      ….. Opposite Party-2

 

FLIPKART INTERNET PRIVATE LIMITED

ADD- VAISHNAVI SUMMIT, NO. 6/B, 7^TH MAIN,

80 FEET ROAD, 3^RD BLOCK, KORAMANGALA,

BANGALORE-560034.

 

ALSO AT:-

FLIPKART INDIA PVT. LTD.

NO. 42/1 & 43,

KACHERAKANAHALLI VILLAGE,

JADIGENAHALLI HOBLI,

HOSKOTE TALUK, BENGALURU-560067.                        ….. Opposite Party-3

 

 

O R D E R

 

PUNEET LAMBA, MEMBER

 

        The complainant has filed a present complaint against OPs under section 12 of the Consumer Protection Act, 1986. Brief facts as stated by the complainant are that the complainant purchased mobile handset of make and model LE 15 online from OP-3 on 01.03.2016 for a sum of Rs. 10,999/-. There was issue in the phone regarding dialling emergency call numbers. The complainant approached OP-1 authorize service centre of the OP-2 on 22.11.2016 and also on 24.11.2016. The handset was deposited vide job-sheet No. 201611240455. After few days the complainant visited OP-1 for receiving the handset but OP-1 told him that Rs. 4,000/- will be charged as repairing charges. The complainant told to the OP-1that the said handset is under warranty and he is not liable to pay anything within warranty but OP-1 refused and told to take back the handset. The handset was not in proper condition hence the complainant refused to take the same and told to return the handset in right condition. Again, job-sheet No. 201612130418, dated 13.12.2016 was issued by OP-1 to the complainant. Thereafter, complainant visited several times and requested OP-1 to return the handset in right condition but every time OP-1told to pay Rs. 15,000/-. Hence, the present complaint.

          After notice, none put in appearance on behalf of OPs and accordingly were proceeded ex-parte vide order dated 02.08.2017.

          When the complainant asked to file affidavit, he filed ex-parte affidavit of evidence reiterating the facts of the complaint on oath and relied on copy of invoice dated 01.03.2016, copy of job-sheet dated 22.11.2016, copy of Quotations dated 24.11.2016 & 13.12.2016.

          We have heard complainant in person and gone through the material on record carefully and thoroughly.

          The controversy involved in the present complaint is as to whether the complainant is entitled for the claim or not. From the perusal of the job-sheet, it reveals that the handset was deposited for repair on 22.11.2016 and the warranty details of the same shows that the product in dispute was within warranty. Another job-sheet dated 24.11.2016 also shows that the product in dispute was within warranty. Therefore, the complainant is able to prove that the product in dispute was within warranty and OP is deficient in service and also adopt unfair trade practice by asking for the repair charges. The version of the complainant remains unrebutted and unchallenged as the OP chose not to appear in the case and there is no reason to disbelieve the version of the complainant. Hence, we are of the considered view that OP-1 & OP-2 are negligenct and deficient in service by not repairing the handset free of cost.

          Keeping in view above discussions and observations, we direct OP-1 &  OP-2 jointly and severally to pay cost of the handset Rs. 10,475 (Rupees Ten Thousand Four Hundred Seventy Five Only) to the complainant within 45 days from the date of order failing which OP-1& OP-2 shall be liable to pay with interest @ 6% per annum from the date of filing the complaint till actual realization and further we award a sum of Rs. 3,000/- (Rupees Three Thousand Only) in the favour of complainant for compensation towards mental and physical harassment and litigation expenses.

File be consigned to Record Room.

          Copy of this order be given as per rules to the parties.

          Pronounced on _24_________ February, 2019.

 

 

(PUNEET LAMBA)                             (S.S. SIDHU)                             (K.S. MOHI)

   MEMBER                                          MEMBER                                 PRESIDENT