DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 641/2015
D.No.____________________ Dated: _________________
IN THE MATTER OF:
DEVENDER SINGH S/o SH. BHARAT SINGH,
R/o H. No.-258, VPO- DARYAPUR KALAN,
DELHI-110039. … COMPLAINANT
Versus
1. M/s MICROMAX INFORMATICS LTD.,
21/14, PH-II, NARAINA INDL. AREA,
DELHI-110028.
2. M/s AVJ COMMUNICATIONS,
SHOP No.20, 2nd FLOOR,
HUDSON LANE, KINGSWAY CAMP,
NEAR GTB METRO STATION,
GATE No.-4, OPP.-NIRANKARI JEWELLERS,
NEW DELHI-110009. … OPPOSITE PARTY (IES)
CORAM: SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 02.07.2015 Date of decision: 13.02.2020
SH. BARIQ AHMED, MEMBER
ORDER
1. The complainant has filed the present complaint against OPs under the Consumer Protection Act, 1986 thereby alleging that the complainant purchased a mobile handset model Micromax EG116 on 13.03.2015 vide invoice no. 4124 of Rs.9,999/- from M/s Voice
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Infotech, 23 Main Bazar, Kingsway Camp, Delhi and after some time the display touch screen of the said mobile handset stopped working properly. On 27.04.2015, the complainant visited the authorized service center i.e. OP-2 for repairing the said mobile handset at the earliest and OP-2 promised to give the said mobile handset within 20 days after repairing but after 20 days OP-2 told that due to the non-availability of part, the mobile handset could not be repaired and promised to deliver within 1 week after repairing but OP-2 again failed for this task. The complainant further alleged that the complainant made request again and again approx. 20 times telephonically or personally in service center i.e. OP-2 vide coupon nos.75, 12, 39 & 67 on 29.05.2015, 06.06.2015 & 19.06.2015 but all times OPs have repeated stereo type language for waiting further one week again and again and the complainant made complaint to OP-1 on toll free no.1860-500-8286 on 12.06.2015 & 19.06.2015 vide complaint no. MMX 190615495607 but no fruitful result so far. The complainant accordingly alleged that there is unfair trade practice and deficiency in service on the part of OPs.
2. On these allegations the complainant has filed the complaint praying for direction to OPs to replace the mobile handset with new mobile handset model EG-116 as well as compensation for causing him mental agony and harassment.
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3. Only OP-1 has been contesting the case and filed its written statement whereas OP-2 did not choose to contest the case despite service of notice sent through speed post which was delivered and OP-2 was proceeded ex-parte vide order dated 03.08.2016.
4. In its written statement OP-1 submitted that OP-1 never denied to provide its after sale services to the complainant and still ready to provide the same subject to the terms of the warrantee and the complainant also not disclosed the specific defect in the mobile handset and also the cause of defect, whether the defect in the mobile handset is due to liquid/physical damaged. OP-1 further submitted that the complainant purchased mobile handset on 13.03.2015 and approached the authorized service center on 27.04.2015 and after inspecting the mobile handset the authorized service center found that the mobile handset having found that “touch water lodge” and the authorized service center demanded money for the repair and an estimate of Rs.2,850/- given to the complainant and the complainant refused to pay the repair charges and insisted the authorized service center to repair under warrantee and the authorized service center repaired the mobile handset and the complainant did not collect the mobile handset and even refused to pay repair charges, as the defect was not covered under the warrantee. OP-1 further submitted that the complaint is not maintainable and is liable to be dismissed.
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5. Complainant filed rejoinder and denied the contentions of OP-1.
6. In order to prove his case, the complainant filed his affidavit in evidence and has also filed written arguments. The complainant also placed on record copy of retail invoice dated 13.03.2015 regarding purchase of the mobile handset Micromax EG-116 bearing of Rs.9,999/- issued by Voice Infotech, Main Bazar, Kingsway Camp, Delhi and copy of job sheet dated 27.04.2015 issued by OP-2.
7. OP-1 has also filed written arguments.
8. This Forum has considered the case of the complainant and OP-1 in the light of evidence of the parties and documents placed on record. The case of the complainant has remained consistent and undoubted and there is nothing on record to disbelieve the case of the complainant. OP-1 has failed to prove the defence that after removal of the defect in the mobile handset by OP-2, the complainant failed to collect the mobile handset from OP-2. In case the mobile handset has been repaired by OP-2 and defect removed then OP-2 ought to have contested the case and OP-1 also ought to have produced the mobile handset before the Forum. But OPs have failed to prove the fact that the mobile handset has been repaired. Accordingly, OP-1 & OP-2 are held guilty of unfair trade practice and deficiency in service.
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9. Accordingly, OPs jointly or severally are directed as under:
i) To pay to the complainant an amount of Rs.9,999/- being the price of the mobile handset on return of accessories as the mobile handset is lying with OP-2.
ii) To pay to the complainant an amount of Rs.6,000/- as compensation towards mental agony and harassment caused to the complainant which includes litigation cost.
10. The above amount shall be paid by OPs jointly or severally to the complainant within 30 days from the date of receiving of this order failing which OPs shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving of this order till the date of payment. If OPs fail to comply with the order within 30 days from the date of receiving of this order, the complainant may approach this Forum u/s 25/27 of the Consumer Protection Act, 1986.
11. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 13th day of February, 2020.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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UPLOADED BY:SATYENDRA JEET
