DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. No. 92/2018

Date of Institution: 15.03.2018

Judgment Reserved on: 07.11.2023

Judgment Passed on: 07.11.2023

QUORUM:

Sh. S.S. Malhotra (President)

Sh. Ravi Kumar (Member)

Ms. Rashmi Bansal (Member)

Judgment By: Ms. Rashmi Bansal (Member)

JUDGMENT

By the present judgment this Commission is disposing off the complaint of the complainant alleging deficiency in service on the part of OP & praying for refund of the cost of the product alongwith compensation for harassment and mental agony. Initially the complainant has made dealer/ service centre Flextronics, Microsoft’s Auth device Centre as OP1 and Microsoft’s India Private Limited, the manufacturing company as OP2 but on 04.02.2020 the complainant has deleted OP1 from the array of parties and filed the amended memo of parties on 09.05.2022 retaining only one OP, i.e. Microsoft’s India Private Limited, which was originally OP2 & now there is only one OP in this matter.

1. It is the case of the complainant that he had purchased a Microsoft’s mobile phone on 17.01.2018, for a sum of Rs.6599/- and since very first day, the mobile was found defective, and after few days, the mobile phone started creating problems as network connection failed on the mobile. The complainant visited the office of the OP and deposited his mobile on 15.02.2018 on the assurance of OP that the mobile will be repaired in seven days, however, it was not repaired by OP, as per its promise, and three months passed, but no reply was received from the OP. Complainant submits that the conduct of the OP is highly illegal, uncalled & unwarranted and the complainant has suffered extensive, mental agony and harassment, as OP failed to provide any service to the complainant and has been deficient in his service in repairing his mobile phone.
2. Upon notice the OP failed to file the reply and as such his opportunity to file written statement was closed Vide Order dated 10.01.2023.
3. Complainant has filed his evidence along with the documents in support of his case, the receipt dated 17.01.2018 of Rs.6599/- of the purchase of the mobile phone, and service job sheet dated 15.02.2018.
4. The commission has heard the argument and perused the documents on record. The receipt dated 17.01.2018 confirms the purchase of the mobile amounting to Rs.6599/-. The service job sheet dated 15.02.2018 shows that the mobile set was received by ‘service solutions’ ‘Microsoft’s Auth Device Centre’ which was the original OP1 in the complaint and was deleted on the request of the complainant vide order dated 04.02.2020. Therefore, no relief can be granted against Microsoft’s Auth device Centre. So far as the Microsoft’s India Private Limited is concerned, which is now the only OP, no relief is claimed against it. Therefore, the complaint is liable to be dismissed because of misjoinder of necessary party. Accordingly, the same is dismissed.
5. The copy of the order be given to the parties as per CPA rules.
6. File be consigned to record room.
7. The complaint case could not be decided within a statutory period due to Corona period and heavy pendency of the cases before the commission.
8. The order contains 04 pages, each beers our signature.
9. Announced on 07.11.2023.