Delhi

West Delhi

CC/17/223

BIRPAL SINGH - Complainant(s)

Versus

MD JAINA MARKETING - Opp.Party(s)

23 Aug 2018

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: 13.04.2017

Complaint Case. No. 223/17                                                 Date of order:    23.08.2018

IN  MATTER OF

 

Shri Bir Pal Malik S/o late Khajan singh R/O RZ-595 Gali no.10, East Sagarpur, New Delhi-46                                                                                                                                                                                                                                                                                                                                                                                                                                             Complainant

VERSUS

Director/manager, M/S Panasonic Marketing India Pvt. Ltd., 11^th floor ambience tower, Ambience island, NH-8, Gurgaon(Hr).

 

MD Jaina Marketing & associates, D-170, Okhla Industrial Area, Phase-1, New Delhi

                                                                                                                       

Opposite party-1

 

Sheetal telecom service center, B-15, Shankar Garden, Vikaspuri, New Delhi-18

                                                           

                                                                                                                        Opposite party-2 

Your Dealer Lakshay Telecom Center and computerized mobile repairing and software RZ-7E, Gali no.2, Gandhi Market, West Sagarpur, New Delhi-46

                                                                                                                        Opposite party-3

                                    ORDER

PUNEET LAMBA, MEMBER

                        The present complaint is filed u/s 12 of the CPA by the above named complainant against Ops for deficiency in service. Briefly the facts stated by the complainant for disposal of the complaint are that he purchased mobile handset of model and make Panasonic ELUGA Mark with IEMI no. 355484070388228 on 09.10.2016 for sum of Rs. 11,000/- from Op-3. The mobile handset in dispute developed fault within 30 days and the complainant approached op-3 who assured to get it replaced but after 10 days in spite of getting it replaced  he sent the handset to the authorized service center and deposited for repairs on 14.11.2016 and same was repaired and returned to the complainant on 24.11.2016. But the handset again after 4 days developed fault. The complainant again deposited the handset on 28.11.2016 which was returned on 08.12.2016 thereafter again it was deposited on 21.01.2017 which was repaired on 31.01.2017 and again on 25.03.2017 was deposited with OP-2 the authorized service center of OP-1 and till date the handset is not repaired and returned to the complainant. The complainant for three months repeatedly visited the service center of OP-2 but the grievance of the complainant was not redressed by OP-2, thereafter he lodged his complaint with Op-1 who also failed to resolve his dispute. Hence the present complaint for directions to OPs to refund the invoice amount of the mobile handset.                             

Notice of the complaint was sent to the OPs but OPs failed to appear hence OPs-1 and 2 are proceeded ex-parte vide order dated 15.09.2017 and Op-3 was proceeded ex-parte vide order dated 12.02.2018.

When the complainant was asked to lead evidence he tendered his affidavit dated 04.04.2018 reiterating the facts of the complaint. He also relied on copy of invoice dated 09.10.2016, job sheets dated 14.11.2016, 28.11.2016, 21.01.2017 and 25.03.2017 and undated letter to OPs-1 and 2.

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

The version of the complainant which is stated on oath has remained unrebutted and unchallenged and there is no reason to disbelieve the same as it is substantiated by the documents on record. The complainant has able to prove that he purchased mobile handset from OP-3 and given for repairs for several times to Op-2 authorized service center. But the same had been giving problem repeatedly even after it has been repaired. The complainant again on 25.03.2017 deposited the mobile handset with op-2 but  is,  not repaired and returned to the complainant. The complainant also approached to Op-1 but it also failed to redress the grievance of the complainant. The job sheets reveals that the handset is given for repairs in short span of approximately three months within warranty but the same is not repaired and returned to the complainant after 25.03.2017. The complainant  is deprived of use of mobile handset  and has suffered due to deficiency in service on part of  Ops-1 and 2. The complainant was also confronted about the status of the mobile handset he asserted the handset was deposited lastly on 25.03.2017 and the same despite repeated reminders and communications is not returned to the complainant, even the Op-1 failed to redress his grievance.    Therefore, we come to the conclusion that ops-1 and 2 failed to rectify the mobile handset and rendered proper service to the complainant. Hence ops-1 and 2 jointly and severally liable to refund the invoice amount of the handset and also to pay compensation for mental agony, harassment and litigation charges.

In light of above discussion and observation we direct the OPs-1 and 2 to jointly and severally to refund sum of Rs. 11,000/- invoice amount of the handset and Rs. 2000/- compensation on account of mental agony, harassment and litigation expenses.     

Order pronounced on :- 23.08.2018

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

 

(PUNEET LAMBA)                                                                                              (K.S. MOHI)                       MEMBER                                                                                                     PRESIDENT