Delhi

East Delhi

CC/379/2014

DR. BHARAT - Complainant(s)

Versus

MOBILE CARE - Opp.Party(s)

05 Apr 2017

ORDER

                 DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

                  CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                  

                                                                                                  Consumer complaint no.       379 / 2014

                                                                                                  Date of Institution                 17/04/2014

                                                                                                  Order Reserved on                05/04/2017

                                                                                                  Date of Order                         07/04/2017  In matter of

Mr Dr Bharat Jhunjhunwala, adult   

s/o- Sh V D Jhunjhunwala   

R/o  B-2106, angel Mercury,

Indirapuram Ghaziabad, UP.……...…………………………….……..…………….Complainant

                                                                  

                                                                     Vs

1-The Micromax Solution Point (service centre) 

B 36, Guru Nanak Pura,  opp. V 3 S Mall 

Nr Maharaja Banquet Hall Laxmi Nagar, Delhi 110092

 

2-M/s Sai Mobile and Electronics

Hall no. 2, MCD Market

Karol Bagh, Delhi 110005

 

3-The Micromax Mobile

 Micromax  House  

 90 B, Sec 18

 Gurgaon 122015 ……………………………………………..………….Opponents

 

Quorum          Sh Sukhdev Singh      President

                         Dr P N Tiwari               Member                                                                                                   

                         Mrs Harpreet Kaur    Member

 

Order by Dr P N Tiwari  Member 

Brief Facts of the case                                    

Complainant purchased a Micromax mobile model no. Q76, vide IMEI no. 911141950053975 from OP2 for a sum of Rs 3200/-vide invoice no. 541 on dated 07/05/2013 with one year warranty marked as Ex CW1/1.

The said mobile started giving problem after four months of its purchase as power does not switch off and audio problem from 06/09/2013 so visited authorized service centre OP1 and deposited the same for repair.

 

 

Job sheet vide no. N030666-0913-5273895 was given to the complainant and asked to come after two weeks. The problem noted by OP2 were of power does not switch off and audio problem as marked here Ex CW1/2. After visiting the given time, OP1 again asked to come after some time as problems could not rectify due to some parts non availability. Later complainant went on 28/11/2013 to take his mobile back, but refused to return. Harassed by the attitude of OP1, complainant sent legal notice on 08/12/2013 for refunding the cost of mobile and compensation for adopting unfair trade practice. When no reply of legal notice was received then filed this complaint claiming refund of cost of his mobile Rs 3200/- with compensation Rs 50,000/- for harassment and litigation charges Rs 10,000/- and taxi fare Rs 3000/- 

 

Notices were served. OP3 appeared and submitted their written statement on behalf of all OPs and denied all the allegations put by complainant. It was stated that the said mobile was used for over four months without problem. The power and speaker problem occurred and mobile was deposited with OP1 and could not be returned due to non availability of the required part and the same was informed to the complainant from OP1 centre, but complainant did not come later to take his mobile rather sent legal notice for refund of cost. As there was no deficiency in their services and also the said mobile had no manufacturing defect in his mobile, so this complaint be dismissed. 

 

Complainant filed his rejoinder, but did not file evidence on affidavit and did not put his appearance on the dates of hearing also OP did not put their appearance after submitting written version. Opportunities were given to both the parties for appearance, but failed to appear even on the date fixed for arguments. So the file perused and order was reserved.  

      

We have gone through all the facts and evidences on record, it was evident that the complainant went to deposit his mobile with OP2 for repair and did not get his mobile as some parts were not available at that time, but as per OP3, complainant did not come to collect the mobile even after repair as informed to him. But there was no such evidence.

 

As no evidence on affidavit was filed by either party, hence this complaint is dismissed in default for non prosecution by the parties.

The copy of this order be sent to the parties as per rules and file be consigned to the record room.

 

(Dr) P N Tiwari Member                                                                           Mrs  Harpreet Kaur  Member                                                                                                     

                                                                                   

                                                  Shri Sukhdev Singh President