Delhi

East Delhi

CC/321/2015

JASVINDER - Complainant(s)

Versus

LOVELY TELECOM - Opp.Party(s)

07 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.321/15

JASVINDER SINGH

S/O SHRI ATMA SINGH,

D-26/1, GALI NO.8,

NEW GOVIND PURA, KRISHNA NAGAR, GANDHI NAGAR,

NEW DELHI-110031        

                                                                                                                         ….Complainant

1. M/S LOVELY TELECOM

OFFICE/ SHOP NO. X/574

MAIN ROAD, RAGHUBAR PURA NO.1,

GALI NO.6, GANDHI NAGAR,

NEW DELHI-110031

2.  M/S SUPER CASSETTE INDUSTRIES LIMITED

THROUGH ITS GENERAL MANAGER,

PLOT NO. 1, SECTOR-16A, FILM CITY

NOIDA-201301 (U.P)      

                                                                                                                           ….Opponents

Date of Institution: 06.05.2015

Judgment Reserved for: 07.11.2017

Judgment Passed on: 15.11.2017

CORUM:

Shri SUKHDEV SINGH                  (PRESIDENT)

Dr. P.N. TIWARI                          (MEMBER

Ms. HARPREET KAUR CHARYA (MEMBER)

ORDER BY:  HARPREET KAUR CHARYA (MEMBER)

JUDGEMENT

The present complaint has been filed by Shri Jasvinder singh, against M/S lovely Telecom, (OP-1), and M/S Super Cassette Industries Limited (OP-2), with the allegations of deficiency in services.

The facts of the present complaint are that on 12.04.2015, the complainant purchased a T-Series Mobile Phone, Play 333 on 12.04.2015 from the retailer,    (OP-1), vide invoice no. 533 dated 12.04.2015 for Rs.2,650/-. It is stated that on the very next day there was some problem in the said handset for which the complainant approached OP-1. The complainant was asked to give the handset for repair at Laxmi Nagar Service Centre. It has been stated by the complainant that there was no service centre at the address given by OP-1. It has further been stated that the complainant was informed by the customer care that the handset cannot be repaired nor replaced as the company manufacturer, OP-2 has been shut down. Written complaint dated 15.04.2015 was made to opposite party requesting refund which was not replied. A reminder pertaining to the same was sent on 18.04.2015 which also remained unanswered by OP-2. Hence, present complaint seeking direction to OP-1 & OP-2 to reimburse the cost of the handset i.e. Rs.2,650/- along with interest 24% per annum, Rs. 25,000/- towards mental agony and harassment and Rs. 20,000/- as cost of litigation.

            Complaint dated 15.04.2015, 18.04.2015 and E.mail to Mobile Care dated 15.04.2015, invoice issued by OP-1 along with warranty card have been annexed with the complaint.

Notice of the present complaint was served upon opposite parties. OPs failed to file their reply despite opportunity, the same was allowed subject to the payment of the cost, which was not paid. Therefore, vide order dated 04.01.2015, it was directed that the written statement will not form part of the record.

            Evidence by way of affidavit was filed by the complainant, where he examined himself and has deposed the contents of the complaint on oath.

            We have heard the complainant and have perused the material on record. The complainant has annexed the letter dated 15.04.2015 and 18.04.2015, but at the same time, he has not placed on record any proof, as to whether the said letters were sent/delivered to OP-2. However, an E.mail dated 15.04.2015 was written to

Copy of this order be sent to both the parties as per law.

(HARPREET KAUR CHARYA)                                                    (SUKHDEV SINGH)

             MEMBER                                                                                    PRESIDENT