Delhi

West Delhi

CC/14/656

Usman Khan - Complainant(s)

Versus

Mangla Telecom Centre - Opp.Party(s)

09 Oct 2014

ORDER

 CONSUMER DISPUTES REDRESSAL FORUM (WEST)

GOVERNMENT OF NCT OF DELHI

150-151, Community Centre, C-Block, Janak Puri, New Delhi – 110058

 

                                                                                     Date of institution           : 7.10.14

 

Case. No.DF-III/656/2014/                                                                       Date of order              : 2.6.16

In the matter of :-

Sh. Usman Khan,

Village Shikarpur, P.O. Daulatpur,

Najafgarh, New Delhi-110043                                                   Complainant.

Vs.

M/s Mangla Telecom Centre

Shop No.E-27, Milap Nagar, Uttam Nagar,

New Delhi-110059                                                                                    Opposite Party-1

 

M/s. New Mobile Care India Pvt.Ltd.

WZ-109, street No.1,Sadh Nagar,

Palam, New Delhi-110045.                                                         Opposite Party-2

 

M/s Micromax Infomatics Ltd.,

21/14A, Phase-2, Naraina Industrial Area,

New Delhi-110028.                                                                       Opposite Party-3

 

(R.S. BAGRI, PRESIDENT)

O R D E R     

            The brief facts  of the complaint  as stated are  that Sh. Usman Khan, complainant on 17.6.13 purchased one Micromax mobile phone model A-116 of M/s Micromax Infomatics Ltd. for sale consideration of Rs. 12850/- with one year manufacturing warranty and two years extended warranty on additional payment of Rs. 1,000/- to opposite party-1.   The mobile handset  in the month of April /May, 2014 started giving trouble and 20.5.14 become dead.

 

-2-

            The complainant approached  M/s Mangla Telecom Centre, Uttam Nagar (OP-1) who gave two years extended warranty.  But they refused to entertain the complainant.   He asked the complainant to contact opposite party-2.   The complainant contacted to the opposite party-2 and delivered the mobile handset to opposite party-2 vide job sheet no. 2305 dated 22.5.14.    The opposite party-2 in first week of August, 2014 returned the  mobile handset  and asked him to check the mobile.  The mobile was without battery.   He took the mobile to home and when checked found the mobile faulty.

 

            The complainant  on 7.8.14 again gave the mobile to opposite party-2 for repairs.  But despite his repeated requests the opposite party-2 failed to return the mobile handset.   They neither repaired nor returned the mobile handset. Hence, the present complaint to refund the cost of the mobile handset with compensation of Rs. 50,000/- for harassment and mental agony and Rs. 5000/- as cost of the litigation. 

 

            Notice of the complaint  was given to the opposite parties.  The opposite parties appeared but did not file reply to the complaint.  They were proceeded ex-parte vide order dated 10.12.15.

 

            When the complainant  was asked to lead evidence, he submitted his affidavit dated 25.4.2016 wherein  he once again narrated the facts of the complaint. The complainant in support of his case also relied upon  invoice No.4447 dated 17.6.13, job sheet Nos. 2305 dated 22.5.14,  5448 dated 7.8.14 and 9322 dated 27.8.14.

-3-

            From the perusal of the record relied upon  by the complainant, it reveals  that the complainant  on 17.6.13 purchased  a mobile phone model             A-116 IMEI No 911304255561908 for a sum of Rs. 12,800/-.  The mobile handset was delivered to the opposite party for repairs on 17.6.12, 22.5.14 and 7.8.14.   The opposite party-2 has failed to repair and return the mobile handset.  The opposite party-1 gave two years extended warranty and the mobile was within warranty on the day it was given to opposite party-2 for repairs.

 

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

 

            The complaint and ex-parte evidence lead by the complainant has remained un-rebutted and un-challenged.   Therefore, there is no reason to disbelieve un-rebutted and un-challenged complaint and evidence of the complainant.   Therefore, it is prove that the complainant on 17.6.13 purchased one Micromax mobile phone model A-116 IMEI No. 911304255561908 from M/s Micromax Infomatics Ltd. for sale consideration of Rs. 12850/- vide invoice  No. 4447 dated 17.6.13.   The mobile started troubling in May, 2014.   The mobile handset was given  to opposite party No.2 in first week of May 2014. 

 

            The mobile was insured with opposite party-1.   He returned the mobile handset to the complainant.   On checking of the same he found the mobile faulty.     The    complainant  again  delivered  the mobile  handset  to  opposite  

 

-4-

party-2.  The opposite party-2 has failed to return the mobile handset.  Hence, there  is deficiency of service on the part of opposite party-2.   The complainant has suffered  loss of mobile handset.    He is also deprived of to use the mobile handset.   Therefore, the complainant is entitled  for cost of mobile handset with compensation and litigation expenses.

 

            The opposite party-1 being insurer and opposite party-2 being service provider are jointly and severally liable to pay the cost of mobile handset and compensation.

 

            Therefore, we direct the Opposite parties 1 & 2  to pay sum of                      Rs. 12,850/- the cost of the mobile handset with interest 9% P.A from the date of filing of the present complaint till actual realisation of the amount and Rs. 11000/- as compensation for mental pain, agony suffering including litigation expenses to the complainant.

 

Order pronounced on   : 2.6.2016

 

• Compliance of the order be made within 30 days after receipt of the order.

 

• Copy of order be sent to the concerned parties free of cost.
• File be  consigned to record.

 

 

 

 

(PUNEET LAMBA)                               (URMILA GUPTA)                   ( R.S.  BAGRI )

  MEMBER                                            MEMBER                               PRESIDENT