DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST

GOVT. OF NCT OF DELHI

       CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.

CC No: 601/2014

D.No.____________________               Dated: _________________

IN THE MATTER OF:

SHASHANK TYAGI,

R/o 298/12, CHANDAN VIHAR,

WEST SANT NAGAR, BURARI,

DELHI-110084.… COMPLAINANT

Versus

1. M/s MICROMAX,

    MICROMAX HOUSE, 90-B, SEC.18,

    GURGAON-122015.

2. M/s AVJ COMMUNICATION,

    SHOP No.20, 2^nd FLOOR, HUDSON LINE,

    KINGSWAY CAMP, NEAR GTB METRO STATION,

    GATE No.4, OPP.-NIRANKARI JEWELLERS,

    NEW DELHI-110033.

3. M/s GROVER MOBILE,

    49, WADHWA MARKET,

    GTB NAGAR, DELHI-110009.                         … OPPOSITE PARTY (IES)

CORAM:SH. M.K. GUPTA, PRESIDENT

               SH. BARIQ AHMED, MEMBER

     MS. USHA KHANNA, MEMBER                                  

Date of Institution: 15.05.2014              Date of decision: 22.03.2019

SH. M.K. GUPTA, PRESIDENT

ORDER

1.       The complainant has filed the present complaint against the OP under the Consumer Protection Act, 1986 thereby alleging that the complainant is a B.Tech student of GGSIP University, Delhi and

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          the use of mobile handset is a necessity for him for pursuing his studies and the complainant hasto receive important assignments, circulars, instruction etc. from his college, teachers, friends and also has to use interest for retrieving the necessary information in connection with his studies. The complainant further alleged that the complainant purchased a mobile handset of Micromax model no. A-88 vide IMEI no.911256801201456 for Rs.8,600/- vide cash memo no.174 dated 03.08.2013 from OP-3 and the said mobile handset started giving trouble and finally stopped working (dead) in March-2014 within warrantee period as being defective. On 27.03.2014, the complainant tendered the said mobile handset for repair at authorized service center i.e. OP-1 vide job sheet no.NO307640314-8851253 dated 27.03.2014 and since 27.03.2014 the said mobile handset is in the custody of OP-2, the authorized agent of OP-1 and despite persistent chasing and frequent visit to OP-1 & OP-2 and the expiry of more than one month’s time, the complainant’s said mobile handset has not been given back to him duly repaired and OP-1 & OP-2 are not even informing the complainant the exact date as to when shall it be given back to him after repair or a new phone as replacement of a dead set and the officials of OP-2 misbehaved with him and told him not to come there again and again and further the officials of OP-2 not even stopped there they also told to the complainant to forget the said

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          mobile handset as it will not get repaired due to major/multiple problems in the mobile handset and offered him Rs.500/- for the said dead mobile handset. On 25.04.2014, the complainant sent a legal notice to OP-1 & OP-2 at their e-mail addresses i.e.

2.       On these allegations the complainant has filed the complaint against OPs with a prayer for direction to OPs to provide the complainant brand new mobile handset of same or higher version I place of defective mobile handset and to pay the complainant Rs.30,000/- for irreparable loss caused to him in pursuing his studies as well as compensation of Rs.40,000/- for causing mental strain, damages, mental agony, harassment. The complainant also sought Rs.15,000/- as cost of litigation. 

3.       Only OP-1 has been contesting the case and has filed written statement wherein OP-1 never denied to provide its after sale services to the complainant as assured under the terms of the warrantee and still ready to provide the same subject to the terms of the warrantee and the complainant purchased the mobile handset

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          on 03.08.2013, the complainant 1^st time approached to the authorized service center on 27.03.2014 for power does not switch on i.e. after more than 8 months and file the present complaint on 06.05.2014, the facts clearly shows the malafide intention of the complainant and the authorized service center called up several time to collect the mobile handset but the complainant never turned up to collect the mobile handset and the mobile handset ready with authorized service center and the complainant can collect the same after producing necessary documents such as original job card issued by the authorized service center of OP. OP-2 & OP-3 do not choose to contest the case despite service of notices sent through speed post which was delivered and OP-2 & OP-3 were proceeded ex-parte vide order dated 15.02.2018.

4.       Complainant filed rejoinder and denied the contentions of OP.

5.       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 cash memo no.174 dated 03.08.2013 regarding purchase of the mobile handset Micromax model A-88 of Rs.8.600/- issued by OP-1, copy of terms & conditions, copy of material received note dated 27.03.2014 issued by OP-2, copy of legal notice dated 25.04.2014 sent by the complainant to OP-1, copy of e-mail communication dated 26.04.2014 sent by OP to the

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          complainant, copies of call details and copy of retail invoice no. PSPL/WZ/RET/54 dated 03.05.2014 issued by PSPL Infosystems Pvt. Ltd.

6.       On the other hand, OP-1 did not file any affidavit of any official of OP-1 in evidence despite giving last opportunity and on 07.09.2018, Counsel for OP-1 submitted that no evidence on behalf of OP-1 is to be lead.

7.       This Forum has considered the case of the complainant in the light of evidence of the complainant 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 any document to show as to when the complainant was intimated by OP-2 that mobile handset has been repaired and on which date OP-2 asked the complainant to collect the repaired mobile handset from authorized service centre. It seems that OP-1 has taken a bogus and false defence which cannot be believed. Accordingly, OP-1 is held guilty of unfair trade practice and deficiency in service. It is on record that the complainant has used the mobile handset for about 8 months.

8.       Accordingly, OP-1 is directed as under:

i)        To pay to the complainant an amount of Rs.5,000/- being the depreciated value of the mobile handset on return of accessories, original invoice and job sheets.

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ii)       To pay to the complainant an amount of Rs.3,000/- as compensation towards mental agony and harassment caused to the complainant.

iii)   To pay to the complainant an amount of Rs.2,000/- towards litigation cost.

9.      The above amount shall be paid by OP-1 to the complainant within 30 days from the date of receiving copy of this order failing which OP-1 shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment. If OP-1 fails to comply with the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.

10.    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 22^ndday of March, 2019.

   BARIQ AHMED                      USHA KHANNA                         M.K. GUPTA

      (MEMBER)                    (MEMBER)                             (PRESIDENT)

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