Delhi

West Delhi

C15/637

GULSHAN KUMAR - Complainant(s)

Versus

MANGLA TELECOM - Opp.Party(s)

03 Aug 2016

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                      :    10.9.15

 

Complainant Case No-637/2015                                                                    Date of order                              :   3.8.16

 

In the matter of

 

Gulshan Kumar

S/o Azad Singh,

D-7, Anoop Nagar,

Bindapur Road, Uttam Nagar,

New Delhi-110059.                                                                                        COMPLAINANT                                                                                 

VERSUS

 

Mangla Telecom Center,

E-27, Milap Nagar,

Uttam Nagar, New Delhi-110058.                                                                OPPOSITE PARTY-1

 

Harkishan Gallery & Service

(HTC Service Center),

UG-26 Suneja Tower-2,

District Center, Janak Puri,

New Delhi-110058.                                                                                        OPPOSITE PARTY-2

 

HTC India Pvt. Ltd.,

G-4, BPTP Park Center,

Sector 30,Near NH-I,

Gurgaon, Haryana.                                                                                        OPPOSITE PARTY-3

 

ORDER

 

R.S. Bagri, President

 

            Brief facts of the present complaint as stated  are that the complainant on 20.4.15 purchased one mobile handset of make HTC Desire 626G with duel sim   from Mangla Telecom Center Opposite Party-1 for sale consideration of Rs.16,000/- vide invoice No.1130.  On 9.8.15 the mobile handset developed some fault.  The complainant deposited the mobile handset with Harkishan Gallery & Service, Opposite Party-2 authorised service center  vide job sheet No.DELO27-0015721.  The Opposite Party-2 told the complainant that the mobile handset has to be sent to the company for repairs and the company will inform about the repair charges.  The complainant told the Opposite Party-2 that as his phone is within warranty, therefore, he is not liable to pay repair charges.   The Opposite Party-2 told the complainant that they will inform the company about status of warranty of the mobile handset. Thereafter one e-mail was sent by the Opposite Party informing the complainant that Rs.7803/- will be charged for repairs of the mobile handset.  The complainant again visited the service center Opposite Party-2 and told that the mobile was within warranty therefore he is not liable to pay repair charges.   Thereupon the Opposite Party told the complainant   that the mobile handset will be repaired only after payment of the repair charges.   The complainant inquired from  Opposite Party-2  about the mobile handset.  But they did not give any information.   The complainant called police.  The Opposite Party-2 told that the handset was sent to Chennai for repairs and if the complainant wanted to get it repaired he will have to  pay repair charges.  Hence, the present complaint for direction to Opposite Parties to refund the cost of mobile handset of Rs.16,000/- and suitable compensation for mental pain,  agony, harassment and miscellaneous expenses. 

 

            Notice of the complaint was sent to the Opposite Parties.  But none appeared on their behalf.  Therefore, the Opposite Parties were proceeded against exparte order dated 6.1.16.    

 

            When the complainant was asked to lead evidence  he filed affidavit dated 29.4.16.  He also relied upon invoice dated 20.4.15, job sheet No.DEL027-0015721 dated 8.10.15 and copy of e-mail No.CCS3NYRO7256.  He has narrated facts of the complaint once again in the affidavit dated 29.4.16.  He deposed that the handset was within warranty and due to some fault same was given for repairs to Opposite Party-2. But they  did not repair and return the mobile handset. 

 

            From the perusal of the invoice dated 20.4.15, job sheet dated 8.10.15 and copy of e-Mail and affidavit it is clear that the complainant purchased one mobile handset HTC Desire 626G from Opposite Party-1 on 20.4.15 for sale consideration of Rs.16000/-.  The handset of the complainant was given for repairs to Opposite Party-2 on 8.10.15 within warranty.  They did not return the mobile handset till today.    

 

            We have heard the complainant in person and have gone through the complaint, affidavit, invoice and job sheet carefully and thoroughly.  

 

The version of the complaint has remained unrebutted and unchallenged.   Therefore, there is no reason to disbelieve the unrebutted and unchallenged evidence produced  by him.  The complainant from the unrebutted affidavit , invoice and job sheet has been  able to show that the complainant purchased one mobile handset HTC Desire 626G from Opposite Party-1 on 20.4.15 for sale consideration of Rs.16000/-.  The handset of the complainant was given for repairs to Opposite Party-2 on 8.10.15 within warranty.  They did not return the mobile handset till today.  The complainant is deprived of his valuable right to use the mobile handset.  He has also suffered loss of mobile handset.    Therefore, there is negligence and deficiency in service on part of Opposite Parties 2 and 3.     The complainant is entitled to Rs.16000/- as cost of mobile handset.   He is also entitled  for compensation for mental agony, pain, Harassment and litigation expenses.  

 

In the light of above discussion and observations  the complaint succeeds and is hereby allowed.  The Opposite Parties 2 and 3 are directed to pay a sum of Rs.16,000/- cost of mobile handset with interest at the rate of 9% per annum from filing of the present complaint till actual realization of the amount and Rs.8,000/- as compensation for mental pain, agony, harassment and litigation expenses. The Opposite Parties 2 and 3 are jointly and severely liable to pay the amount.     

 

Order pronounced on   : 3.8.2016

 

 

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

 

• Copy of order be sent to the concerned parties free of cost.
• Thereafter, file be  consigned to record.

 

 

 

 

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

  MEMBER                                            MEMBER                               PRESIDENT