Delhi

North West

CC/305/2016

VARNNIT JAIN - Complainant(s)

Versus

MICROSOFT - Opp.Party(s)

06 Dec 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST

GOVT. OF NCT OF DELHI

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

 

CC No: 305/2016

D.No._______________________                   Dated: ______­­­­___________

 

IN THE MATTER OF:

 

 

 

VARNNIT JAIN S/o SH. SANJAY JAIN,

R/o M2-22, ATTAM VALLABH VIHAR APARTMENT,

PLOT No. 14, SECTOR-13, ROHINI,

DELHI-110085.… COMPLAINANT

 

 

 

Versus

 

 

1. MICROSOFT INDIA PVT. LTD.,

    10^th FLOOR, TOWER B & C, DLF BUILDING,

    No. 5 EPITOMA, CYBERCITY, DLF PHASE-3,

    GURGAON, HARYANA-122002.

 

2. DEXTERS,

    PKT. F-19, PLOT No. 12, 1^st FLOOR,

    SECTOR-8, ABOVE KOTAK MAHINDRA BANK,

    ROHINI, DELHI-110085.                                 … OPPOSITE PARTY(IES)

 

 

 

CORAM :SH. M.K. GUPTA, PRESIDENT

                SH. BARIQ AHMED, MEMBER

      MS. USHA KHANNA, MEMBER

         

                                                            Date of Institution: 25.02.2016                                               Date of decision:06.12.2017

 

MS. USHA KHANNA, MEMBER

ORDER

1.       The complainant has filed the present complaint against the OP under the Consumer Protection Act, 1986 thereby alleging that the

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          complainant purchased a mobile phone model Nokia Lumia-720 having IMEI No. 355911059524271 of Rs.17,700/- vide retail invoice no. 4979 on 14.07.2013 from Spice Retail Ltd., G-27, Vikash Surya Shopping Mall, Mangalam Place, Rohini, Sector-3, New Delhi-110086. The complainant further alleged that due to some kind of software problem Nokia Care (Dexters Nokia Care) who is authorized service center swapped the handset with Lumia 735 (IMEI No. 354265065332471 on 04.04.2015 and the complainant paid Rs.525/- to OP-2 for extending the warrantee for one year i.e. till 14.07.2016. The complainant further alleged that after 10 months the mobile handset was not working properly and the complainant visited another Nokia Care Center for repairing the mobile handset but they refused to repair the mobile handset as the mobile handset is not in warrantee and again the complainant contacted to OP-2 for repairing the mobile handset but they refused to repair the same under warrantee and told him to pay Rs.7,500/- as mobile repairing charges. The complainant further alleged that the complainant sent e-mails communication to the OPs and OPs have agreed to refund Rs.525/- as per receipt dated 04.04.2015 from OP-2 for extending warrantee for one year and the complainant’s mobile handset is still lying faulty and conduct of OPs is against the contract and is illegal and thus there is

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          deficiency in service and unfair trade practice on the part of OPs.

2.       On these allegations the complainant filed the complaint praying for refund of Rs.17,700/- alongwith interest as well as compensation of Rs.25,000/- for causing mental agony and harassment and has also prayed for grant of legal expenses of Rs.5,500/-.

3.       Notices to OPs were issued through speed post for appearance on 02.05.2016 and the notice to OP-1 was served on 16.03.2016 as per track report and OP-2 avoided to receive the notice on 14.03.2016 as per track report. But none for the OPs appeared on 02.05.2016, 12.07.2016 &05.09.2016 despite services and the complainant has filed proof of service of notice on OPs. As such OPs have been proceeded ex-parte vide order dated 05.09.2016.

4.       In order to prove his case the complainant filed his affidavit in evidence and also filed written arguments. The complainant also placed on record copy of retail invoice dated 14.07.2013 issued by Spice Retail Ltd., copy of receipt vide no. 2985 dated 04.04.2015 issued by OP-2 of Rs.525/- in respect of warrantee extended, copy of repair receipt dated 25.03.2015 issued by OP-2 and copy of certificate regarding test report issued by OP-2.

5.       This forum has considered the case of the complainant in the light of evidence and documents placed on record by the complainant. The case of the complainant has remained consistent and

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          undoubted. There is nothing on record to disbelieve the case of the complainant. Moreover, it appears that even after receiving notices of this case from this forum, the OPs have kept mum and have not bothered to answer the case of the complainant.

6.       On perusal of the record, we find that the complainant made complaint of his mobile to OP-2 under extended insurance period. Though OP-2 had tried to rectify the defect in the mobile phone but could not rectify the defect. It is expected that the new product purchased is free from all sorts of defect in the product. Accordingly, OPs are held guilty of unfair trade practice and deficiency in service.

7.      Accordingly, OPs jointly or severally are directed as under:-

i)        To pay to the complainant an amount of Rs.13,700/- as the depreciated value of the mobile phone.

ii)       To pay to the complainant an amount of Rs.8,000/- as compensation towards mental agony and harassment caused to the complainant which includes cost of litigation.

8.       The above amount shall be paid by the OPs jointly or severally to the complainant within 30 days from the date of receiving copy 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 copy of this order till the date of payment. If OPs fail to

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          comply 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.

 9.      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 6^th day of December, 2017.

 

 

  BARIQ AHMED                       USHA KHANNA                   M.K. GUPTA

    (MEMBER)                                 (MEMBER)                     (PRESIDENT)

 

 

 

 

 

 

 

 

 

 

 

 

 

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