Delhi

East Delhi

CC/78/2018

RAM KR. JOSIA - Complainant(s)

Versus

LONGHEER ELE. - Opp.Party(s)

11 Feb 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

 

C.C. NO 78/18

 

Ram Kumar Josia                             

R/o Ch. No. G-520, Karkardooma Court,

Shahdara, Delhi- 110032

Also at: A-3/ 672, Gali No. 2,

Harijan Basti, East Gokalpur,

Delhi- 110094

…Complainant

Vs.

STRENGTH SERVICES P LTD_CPT

Add. WA_88 First Floor

Above ICICI Bank Shakkarpur Opp.

Baba Balakbath Mandir, Delhi- 110092

(Service Provider)

Through its Director/ Manager.

…Opponent

 

 

Date of Institution: 01.03.2018

Judgement Reserved on: 11.02.2019

Judgement Pronouced on:15.02.2019

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Harpreet Kaur Charya (Member)

 

Judgement

Jurisdiction of this forum has been invoked by the complainant Shri Ram Kumar Josia against STRENGTH SERVICES P LTD_CPT (OP) with the allegations of deficiency in services with the prayer for directions to OP to replace the handset or to pay the cost of the said mobile phone alongwith Rs. 20,000/- on account of compensation for mental agony and harassment.

Briefly stated the facts of present complaint are that the complainant placed an order bearing No. OD108313264117813000 through Flipkart Internet Private Ltd. on 08.02.2017 for Moto E-3 Power XT 1706 Black 16 GB, which was delivered at the office address of the complainant. Rs. 7,999/- were paid as the mode of payment was cash on delivery, the said handset was replaced by Flipkart Internet Private Ltd. within 10 days as per terms and conditions as the same was defective. It has been stated that the replaced handset also started to create problems for which the complainant visited OP, the Authorized Service Centre in the month of May 201, where the device was formatted and returned to the complainant without issuing any job sheet. It has been further stated that the handset was deposited on 26.10.2017 regarding the problems of all apps not responding, downloading problem, heating and hanging issues which was returned to the complainant after a week, but this time there was new problem with the camera of the handset for which again it was deposited on 08.12.2017, where it was returned after 4 days stating that the problem could not be rectified by the Service Centre. The complainant visited 29.01.2018 and 10.02.2018 to get his handset repaired, but the OP failed to rectify the problems mentioned by the complainant. An e-mail was sent to Longheer Electronics (Huizhou) Co. Ltd. (Manufacturer), which was replied on 12.02.2018 where the complainant was advised to visit the Service Centre. On 13.02.2018 the handset was again deposited with the Service Centre which was returned on 17.02.2018 where the problem could not be rectified as the product was defective. The complainant has stated that though the product was deposited on 13.02.2018 when it was in warranty, but the same was returned after the expiry of the warranty period without rectification, thereby, alleging that the conduct of OP was intentional as the complainant was to visit the Authorized Service Centre 11 times. Legal notice was also served upon OP, Health and Happiness Pvt. Ltd.

The complainant has annexed the copy of invoice dated 15.02.2017, job sheet dated 26.10.2017, 08.12.207, 29.01.2018, e-mail to flipkart.com and manufacturer alongwith postal receipts of the legal notice sent to OP, job sheet dated 13.02.2018 with the complaint.

Initially the complaint had been filed against Longheer Electronics (Huizhou) Co. Limited as OP-1, the manufacturer, Health and Happiness Pvt. Ltd. as OP-2, Health and Happiness Pvt. Ltd., Mahipalpur as OP-3, Flipkart Internet Pvt. Ltd. as OP-4, and Strength Services Pvt. Ltd.  as OP-5 but OP-1 to OP-4 being performa parties were deleted vide order dated 20.04.2018 as the allegations of deficiency in service was only against OP-5. Thereafter, the amended memo was filed.

Notice of the present complaint was served upon OP, where one Mr. Nirmal Shah (Engineer) appeared, however, no reply was filed by them despite several opportunities, since, they had stopped appearing they were proceeded ex-parte.

Ex-parte evidence by way of affidavit was filed by the complainant where he has deposed on oath the contents of the complaint. He has got exhibited the documents annexed with the complaint such as copy of bill as Ex. CW1/A, copy of job sheet as       Ex. CW1/B-1 to Ex. CW1/B-4 and copy of legal notice as Ex. CW1/C.  

We have heard the submission on behalf of Ld. Counsel for the Complainant and have perused the material placed on record. The complainant had alleged that there was defect in the handset which could not be rectified despite his several visits to OP, in support he has placed on record 4 job sheets ranging from the period from 26.10.2017 to 13.02.2017 and the problem reported is apps not resposding, downloading issue, camera problem, internet not working. If a look is made at service notes of job sheet dated 13.02.2018, it mentions “camera not working properly and apps are not working and network not working and flash light not show in camera, stop time and power on time, camera properly work problem and front camera only proper”, thus, it is clear that there was a defect in the handset which could not be removed/ rectified despite several visits to OP. As the OP has been proceeded ex-parte, the allegations of the complainant have remained unrebutted. Therefore, we allow the present complaint and direct OP to pay Rs. 12,000/- on account of compensation for mental agony and harassment as they have not only failed to repair the handset of the complainant, but also the complainant was constrained to visit the service centre time and again. This definitely amounts to deficiency in service on part of OP.

The said order be complied within 30 days from the receipt of order by OP, else Rs. 12,000/- shall carry interest @9% per annum from the date of order till realization.

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