Delhi

East Delhi

CC/222/2015

RAM - Complainant(s)

Versus

MOBILE CARE - Opp.Party(s)

22 Sep 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT OF NCT OF DELHI

                                                    CONVENIENT SHOPPING CENTRE, SAINI ENCLAVE: DELHI-92

CC No.222/15:
In the Matter of:

Sh. Ram BadanVishkarma

S/o. Sh. Para NathVishkarma

 

Old Address:

House No.78/1, Gali No.6,

JagatPuri, Delhi – 110 051

 

Present Address:

House No.A – 12, Gali No.1,

JagatPuri, Delhi – 110 051

Complainant

Vs

 

M/s.The Mobile Care

B-36, Guru Nanak Pura,

Opp. V3S Mall, Near Maharaja Banquet, 

Laxmi Nagar, Delhi-110 092

Respondent

 

                                                   Date of Admission - 22/04/2015

                                                   Date of Order          - 28/09/2015

ORDER

Poonam Malhotra, Member :

 

 

            The brief facts of the present complaint are that on 04/05/2014 the complainant purchased a Micromax Mobile Phone handset from M/s. Ahuja Telecom Centre for a sum of Rs.2,600/-.  It is alleged that after one month of its usage the handset switched off by itself while in use and it was submitted at the Service Centre of the respondent for rectification of the said defect and it was returned after a month or two thereafter. It worked for only one month after it was received from the respondent post repairs and it was resubmitted on 15/10/2014 with the Service Centre of the respondent for repairs but the same has not been given back to him till date after due repairs despite repeated visits to the service centre of the respondent.  It is further alleged that when in response to a phone call from mobile no. 9278716892 that the defects in the phone have been rectified and he can collect the phone he visit the service centre of the respondent they tried to give him some other old phone.  The complainant has prayed for compensation of Rs.50,000/- for mental and financial harassment meted out by him besides any other relief as this Forum deems fit.

 

Notice was served upon the respondent but none put up appearance from its side and case proceeded exparte against it.

 

            Evidence by way of Affidavit filed by the complainant in support of his case has not been controverted by the respondent.

           

Heard the complainant and perused the record.

           

            On perusal of the record, the fact of purchase of Micromax Mobile Phone handset Model No.GC232 from M/s. Ahuja Telecom Centre by the complainant with IMEI Nos.911314550975794  and  911314551495792 for Rs.2,600/-vide Bill S No.418  on 04/05/2014 as is evident from the copy of the said Bill annexed by the complainant alongwith the present complaint and filed on record alongwith his affidavit in evidence as ExCW-1/1 is not in dispute.The complainant has filed on record only the Job Sheet dated 15/10/2014 as proof of submission of his handset to the respondent with problem of enhancement connectivity and he has not filed on record any credible documentary evidence in support of his allegations that after one month of its usage the handset switched off by itself while in use and it was submitted at the Service Centre of the respondent for rectification of the said defect.  He has also not filed on record any cogent documentary evidence that the handset was returned after a month or two after repairs when it was alleged to have been submitted to the Service Centre for repairs after one month of its usage.  Further,  the allegation of the complainant that the respondent has not returned his handset to him till date ever after its submission to the Service Centre for the rectification of defects on 15/10/2014 and it is giving some old handset in its place has not been controverted by the respondent.  This leaves no room for doubt that the handset was suffering from defects which were beyond repairs and the respondent was trying to avert the complaint to hush up the matter though it was under an obligation to return the original handset back to the complainant within a reasonable period after carrying out the due repairs or to intimate him that the defects in the handset were beyond repairs. From this it is also clear that the Authorised Service Centre has not returned back the original handset of the complainant to him.   It was also obligatory upon the respondent, being the Authorised Service Centre of the manufacturer, to have forwarded this complaint to the manufacturer of the mobile handset for replacement of the handset or refund of its cost to redress the grievance of the complainant but it failed to do so.

 

It is pertinent to mention here that in the case in hand the allegations made in the complaint and reaffirmed on oath by the complainant have not been controverted by the respondent.   It is a settled position of law that uncontroverted evidence cannot be disbelieved and there is no reason for us to disbelieve the uncontroverted averments made by the complainant.

Taking all the facts and circumstances into consideration holding the respondent guilty of providing deficient services to the complainant we direct the respondent to immediately refund Rs.2,600/- to the complainant within a period of 45 days from the date of receipt of this judgment.  We, further, award penalty/compensation of Rs.700/- on account of harassment meted out to the complainant and it shall include the cost of this litigation.   The complainant shall handover the original jobsheet against which he had last submitted the handset at the service centre alongwith the phone accessories to the abovementioned respondent on receipt of the said amount.   If this amount is not paid within 45 days, the complainant shall be entitled to interest over this amount @ 9% p.a. from the date of judgment till it is finally paid to the complainant.

Copy of the order be supplied to the parties as per rule.

 

 

(Poonam Malhotra)                                                                                            (N.A.Zaidi)

         Member                                                                                                                      President