DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016

Case No.199/2018

Shri Sameer Shukla,

S/o Sadhu Ram Shukla

R/o 221, Aliganj,

Kotla Mubarakpur,

New Delhi-110003.

                                                                        ….Complainant

Versus

1. Micromax

Office at: Plot No. 21/14,

Block-A, Naraina Industrial Area,

New Delhi-110028.

2. B.R. Services

C-30, Lajpat Nagar,

New Delhi.                                                           ….Opposite Parties  

                                             Date of Institution  :         18.07.2018          Date of Order                    :         25.02.2020

Coram:

Ms. Rekha Rani, President

Ms. Kiran Kaushal, Member

Ms. Kiran Kaushal, Member

ORDER

1. The case of the complainant as pleaded is that the complainant had purchased a Micromax Mobile phone on 08.04.2017 by paying the consideration amount of Rs.8,449/-. The phone developed some heating issues and was submitted with B.R. Services (OP-2) on 05.08.2017 for repairs.  
   1. It is averred that the complainant visited OP-2 three to four times and every time OP-2 would change the software. But still the phone would not work fine. Finally OP-2 gave him a phone which was not His. It is averred by the complainant that the phone given for repairs and the phone given by OP-2 in-exchange were different. The complainant’s phone was Grey in colour whereas OP-2 returned him a phone which was Black in colour. Moreover the IMEI number of both the phones was also different. The complainant brought the same to the notice of OP-2 and insisted on getting his own mobile phone back. However, OP-2 gave him a Black colour mobile phone and the said phone also started having heating issues within 4 days from the date of exchange. The phone was again taken to Service centre where the complainant was informed that the said product cannot be repaired since it has already been opened by a third party and its warranty had expired. OP-2 informed the complainant that sum of Rs.4500/- would be charged for repairing the phone.
   2. It is averred that complainant made numerous visits to OP-2 to get his phone repaired, but all in vain. It is alleged that OP-2 is not only deficient in services but also indulging in unfair trade practice for giving the complainant the mobile phone which was not his and was defective. Thus, aggrieved the complainant approached this Forum to direct OPs to  compensate him by paying Rs.20,000/-.
2. Notice issued to OPs was duly served but OPs chose not to contest the case and hence was proceeded exparte vide order dated 18.07.2019.
3. Averments made against OPs have remained uncontroverted and unchallenged. There is no reason to disbelieve the version of the complainant.   
4. Exparte evidence is filed on behalf of the complainant.
5. Submissions made by the complainant are heard.
6. Complainant in support of his case has filed an Invoice with the complaint which we mark as Mark-A. On perusal of the said Invoice, it is noticed that OP’s stamp with signatures and date i.e. 05.08.2017 mention the following details.:-

“SWAP-E-481

911457552510406

911457553760406”

The above details prove that the complainant’s phone E481 was swapped with a different mobile. The IMEI number of the phone given in exchange is “911457552510406” which is different from the IMEI number of complainant’s phone i.e. 911457552080921.

7. It is evident from the facts above that OPs are deficient in service as repeated visits of the complainant to OP-2 to get his mobile repaired were not fruitful. Further OPs had indulged in Unfair Trade Practice by swapping the complainant’s phone with a phone which was defective. The said phone had been repaired by a third party and hence rendered out of warranty.
8. In view of the above, we allow the complaint and direct OP-1 and OP-2 to refund an amount of Rs.8,449/- along with 8% interest per annum to the complainant from the date when the phone was given for repairs till realization within a period of two months from the date of receiving of copy of this order. Failing which OPs shall be liable to pay the above said amount with 12% interest per annum from the date when the phone was given for repairs till realization. Additionally OPs is directed to compensate the complainant by paying Rs.2,000/- towards mental agony and harassment.

Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.  

Announced on 25.02.2020.