DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 432/2018
D.No._______________________ Dated: __________________
IN THE MATTER OF:
Ms. SHAKEELA KHATOON,
D/o SH. NAEEM AHMED ANSARI,
R/o F-25, JAGAT PURI, STREET No.-7
PARWANA ROAD, DELHI-110051.… COMPLAINANT
Versus
1. LENOVO SERVICE CENTER,
156, NEAR M2K, AGGARWAL CITY PLAZA,
MANGALAM PLACE, SECTOR-3,
ROHINI, DELHI-110085.
2. LENOVO INDIA PVT. LTD.,
(MANUFACTURER)
SECTOR-49, GURGAON. … OPPOSITE PARTY(IES)
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 02.07.2018
Date of decision:09.10.2019
MS. USHA KHANNA, MEMBER
ORDER
1. The complainant has filed the present complaint against OPs under Section 12 of the Consumer Protection Act, 1986 therebyalleging that the complainant booked a mobile handset model Lenovo K-8
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(Venom Black, 4 GB) on online through Amazon on 17.11.2017 and the complainant paid Rs.14,149/- vide Amazon order no.-402-0961960-6060300. After a week of purchase, the said mobile handset is not working well and the said mobile handset was having hanging problem, heating problem, charging problem and lastly the said mobile handset completely dead. Thereafter, the complainant approached OP-1 i.e. service centre for rectification of the said mobile handset and the said mobile handset was not properly rectified permanently and OP-1 gave a job sheet in this regard. Thereafter, the complainant was very much disturbed of the said defective mobile handset and due to this the complainant suffered loss and the complainant cannot talk to anyone and her work is suffering very much and after giving it for rectification to OP-1, it was not rectified properly/permanently as yet and in this regards the complainant made many complaints also and the complainant accordingly alleged that there is deficiency in service and unfair trade practice on the part of OPs.
2. On these allegations the complainant has filed the complaint praying for direction to OPs to refund the amount of the said mobile handset i.e. Rs.14,149/- because the said mobile handset has many defects and it has not been rectified permanently as yet by OPs and the complainant has also sought compensation of Rs.70,000/- for causing mental agony and harassment and has also sought litigation expenses of Rs.8,000/-.
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3. Noticeswere issued to OPs through speed post for appearance on 30.07.2018 & 20.09.2018,as per track report OP-1 was served on 05.09.2018 and OP-2 was served on 28.08.2018 as per track report, but none have appeared on behalf of OPs and as such OPs have been proceeded ex-parte vide order dated 16.10.2018.
4. In order to prove her case, the complainant filed her affidavit in evidence and also filed written arguments. The complainant also placed on record copy of bill 17.11.2017 for purchase of mobile handset for a total value of Rs.14,149/- issued by Amazon, copy of Lenovo Service Order No.-SOIN0231201806040012 issued by OP-2 and copy of Service Order Service Center no.SOIN078034181 2270035.
5. This forum has considered the case of the complainant in the lightof evidence of complainant and documents placed on record by the complainant. The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of the complainant. It is hard to believe that the complainant will cause damage i.e. hanging problem, heating problem, charging problem and lastly the said mobile handset completely dead to her mobile handset by using the mobile handset in improper manner. Admittedly the mobile handset was within warrantee period and OPs have failed to rectify the problem in the mobile handset. Moreover, even after receiving the notice from this Forum OPs have failed to contest the case and it shows that OPs have no defence at all in their
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favour. As such OPs have indulged in unfair trade practice and there is deficiency in service on the part of OPs. Accordingly, OP-2 being the manufacturer is held guilty of unfair trade practice and deficiency in service.
6. Accordingly, OP-2 is directed as under:
i) To refund to the complainant an amount of Rs.14,149/- being the price of mobile handset on return of the disputed mobile handset alongwith accessories and bill/invoice by the complainant.
ii) To pay to the complainant an amount of Rs.8,000/- as compensation towards mental agony and harassment caused to the complainant.
iii) To pay to the complainant an amount of Rs.6,000/- towards cost of litigation.
7. The above amount shall be paid by OP-2 to the complainant within 30 days from the date of receiving copy of this order failing which OP-2 shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment. If OP-2 fails to comply with the order within30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
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8. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 9th day of October, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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