CONSUMER DISPUTES REDRESSAL FORUM – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)
New Delhi – 110 016
Case No.282/2013
Sh.Upendra Kumar Rai,
1101, C-1, Vasant Kunj,
New Delhi-110070 …………. Complainant
Vs.
- Micromax,
Plot No.21/14, Block A,
Naraina Industrial Area, Phase II,
New Delhi-110028.
- Micromax, Salora International Ltd.,
H-6,Kalkaji Raod,
Near Deshbandhu College,
Rajdhani Jewellers, New Delhi-110019.
- Micromax House,
697,Udyog Vihar, Phase-V,
Gurgaon-122022 …………..Respondents
Date of Order: 22.07.2016
O R D E R
Ritu Garodia-Member
Brief Facts of compliant are that the complainant purchased a mobile handset bearing model no.A116 on 22.2.2013 through snapdeal.com.
The said handset was delivered on 28.03.2013. The bill of the handset for Rs.13,990/- is annexed. The complainant faced problem with the handset from the beginning. His mobile stopped working and he turned over the mobile to the service centre for repairs on 13.04.2013. The job sheet is annexed. He tried to contact the service centre vide telephone and e-mails but to no avail. Various correspondence and e-mail between the parties are annexed.
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Vakalatnama filed on behalf of OP1 and OP2 on 29.09.2014, after which they stopped appearing. Finally, all OPs were proceeded ex-parte on 21.5.15.
Complainant has filed a sworn affidavit supporting his complaint. The complainant has purchased the mobile from OP is established by the receipt dated 27.03.2013. The phone was submitted to the service centre and job sheet is annexed. We have no reason to disbelieve the complainant that his phone went dead within two weeks of its purchase and was submitted for repair on 13.04.2013. The OPs failed to present their version or controvert the allegations made by the complainant despite several opportunities given by this Forum on 29.09.2014, 14.11.2014, 16.02.2015 and finally 21.5.2015.
We have perused the correspondence between the parties, OP company has not responded in a prudent manner. Ops were negligent in not taking reasonable care to redress the problem of their consumer and rectify the defect in the goods sold.
Hence, we are of considered view that OPs are guilty of deficiency in service and selling defective provided. We, therefore direct the OPs to refund Rs.13,990/- along with 9% interest from date of filing of complaint till realization. We also award Rs.5,000/- as compensation for harassment, mental agony inclusive of litigation expenses.
Let the order be complied within one month of the receipt thereof.
(D.R TAMTA) (RITU GARODIA) (A.S YADAV)
MEMBER MEMBER PRESIDENT
