Delhi

East Delhi

CC/66/2015

CHIRANJEE KHANNA - Complainant(s)

Versus

MANCHANDA TELECOM - Opp.Party(s)

21 Aug 2015

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. 66/15

 

Shri Chiranjeev Khanna

S/o Shri Anil Khanna

R/o 52A, Indra Park Ext.

Gali No. 8, Chander Nagar

1^st Floor, Krishna Nagar, Delhi – 110 051                               ….Complainant

 

 

Vs.

 

1. Manchanda Telecom

F-2/33, Krishna Nagar, Delhi-51.

 

2. New Mobile Care India Pvt. Ltd.

WZ-109, Street No. 1, Sadh Nagar

Palam Colony, New Delhi – 110 045

 

3. XOLO

A-64, Sector-56

Noida – 201 301 (UP)                                                                   ….Opponents

 

Date of Institution: 12.03.2015

Judgment Reserved for: 21.10.2016

Judgment Passed on: 04.11.2016

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By : Ms. Harpreet Kaur Charya (Member)

 

 

 

JUDGEMENT

            Complaint under Section 12 of the Consumer Protection Act has been filed by Shri Chiranjeev Khanna against M/s. Manchanda Telecom (OP-1), New Mobile care India Pvt. Ltd. (OP-2) and XOLO (OP-3) alleging deficiency in services.

2.        The complainant had purchased a XOLO mobile model No.            Q-1000S from OP-1, the authorized dealer on 01.11.2013 for Rs. 19,300/- vide Tin No. 07490277089.  The same was insured for 2 years by OP-2 for a sum of Rs. 1,930/-.  It is stated that on 13.11.2014, the executive of            OP-2 issued job card no. 22014 as the handset had problem with the touch screen.  The complainant was assured that the handset shall be handed over after repairs within 7 days but he did not get satisfactory reply despite several visits.  Hence, this complaint praying for refund of the cost of the mobile of Rs. 19,300/-, compensation for mental agony and pain to the tune of Rs. 60,000/- and Rs. 10,000/- as costs of litigation.  The complainant has annexed a complaint written to the SHO, Geeta Colony, invoice bearing no. 7916 dated 01.11.2013 issued by OP-1, job sheet dated 13.11.2014, issued by OP-2 and cashless protection plan dated 01.11.2013. 

3.        OPs were served with the notice of the complaint but none appeared, hence they were proceeded ex-parte on 16.07.2015.  Thereafter, complainant filed his evidence, where Shri Chiranjeev Khanna, the complainant himself deposed on affidavit.  Reliance was placed on invoice bill (Ex.CW1/A), copy of job sheet dated 13.11.2014 (Ex.CW1/B), insurance receipt dated 011.1.2013 (Ex.CW1/C) and driving licence of the complainant (Ex.CW1/D).

4.        We have perused the material placed on record.  As no one appeared on behalf of OPs, the allegations made by the complainant have remained unrebutted.  Ex.CW1/C, the insurance receipt reveals that the mobile was insured for 2 years from 01.11.2013.  However, OP-2 has failed to handover the repaired handset to the complainant despite several visits; it is clearly a case of deficiency in services.  Hence, we direct OP-2 to handover the repaired handset to the complainant and  Rs. 5,000/- are also awarded as compensation for mental agony as the OP-2 has failed to deliver the services as promised.  Further, Rs. 1,000/- is also awarded as cost of litigation in the favour of the complainant.   

            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