DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No.360/2013
Sh. Bharat Mehlawat
S/o Sh. Ram Kumar Mehlawat
R/o 266-D/5A, Ward No.2, Mehrauli
Delhi-110030 ….Complainant
Versus
1. Mobile Pub
877, Main Bazar, Mehrauli
New Delhi-110030
2. Karbon Cell Service
RZ 154 Jagdamba Road
Tuglakabad Extn.
New Delhi
3. Karbon Mobiles
D-170, Okhla Industrial Area,
Phase-I, New Delhi-110020 ……Opposite Parties
Date of Institution : 13.06.13 Date of Order : 10.02.16
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
O R D E R
Briefly stated, the case of the Complainant is that he purchased a Karbonn mobile model A-21, IMEI No.911240900055930 on 10.11.12 from OP No.1 manufactured by OP No.3 for a sum of Rs.11000/- with one year warranty. Within three months, the phone started creating problem in touch screen, voice and processing. On 19.02.13, he had visited the service centre (OP-2). The engineer of OP No.2 uploaded the software but despite that the phone was not working. He again deposited the phone on 01.04.13. After servicing, the OP No.2 stated that the phone was Okay but when he checked the same problem was still there. Again he visited on 12.04.13 but the OP No.2 did not repair the phone. On 06.05.13 he again deposited the phone with OP No.2 and the phone is still lying with them and they have not repaired the same till date. He had requested the OPs to replace the phone or refund the amount but the OPs have neither paid any amount nor changed the handset. Hence, pleading deficiency in service on the part of OPs, the Complainant has prayed as under:-
- Direct the OPs to replace the handset or refund the full amount of Rs.11,000/- alongwith @ 18% interest.
- Direct the OPs to pay Rs.50,000/- towards physical strain and mental agony suffered by the Complainant and his family.
- Direct the OPs to pay Rs.50,000/- towards the loss caused on booking of hotel, four vehicles and leave taken from the office.
- Direct the OPs to pay Rs.5,000/- as litigation charges.
OP No.2 has been proceeded exparte vide order dated 20.12.13.
OP No.1 & 3 have been proceeded exparte vide order dated 24.03.15.
Complainant has filed his own affidavit in evidence. We have heard the Complainant and have also gone through the file very carefully.
OPs have the knowledge about the filing of the complaint but have not chosen to contest it.
Complainant has placed on record the copy of bill dated 10.11.12 which shows that the Complainant had purchased a Karbonn mobile A-21 for a sum of Rs.11,000/- from OP No.1 manufactured by OP No.3. He has placed on record a copy of job sheet dated 05.06.13 which shows that he had submitted the phone to OP No.2 for repairing the same.
Averments made in the complaint and evidence led by the Complainant have remained uncontroverted and unchallenged. Hence, there is no reason to disbelieve the version of the Complainant. Therefore, we hold the OPs guilty of unfair trade practice and allow the complaint and direct the OP-3 (manufacturer) to refund the amount of Rs.11,000/- alongwith interest @ 6% p.a. from the date of filing of the complaint till the date of realization. OP-3 is further directed to pay Rs.5,000/- for harassment and mental agony undergone by the Complainant including cost of litigation.
The order shall be complied within 30 days of receipt of copy of this order failing which OP-3 shall become liable to pay interest @ 9% per annum on Rs. 11,000/- from the date of filing of the complaint till its realization.
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 10.02.16.
(NAINA BAKSHI) (N.K. GOEL) MEMBER PRESIDENT
Case No. 360/13
10.2.2016
Present – None.
Vide our separate order of even date pronounced, the complaint is allowed. OP-3 is directed to refund the amount of Rs.11,000/- alongwith interest @ 6% p.a. from the date of filing of the complaint till the date of realization. OP-3 is further directed to pay Rs.5,000/- for harassment and mental agony undergone by the Complainant including cost of litigation. The order shall be complied within 30 days of receipt of copy of this order failing which OP-3 shall become liable to pay interest @ 9% per annum on Rs. 11,000/- from the date of filing of the complaint till its realization. Let the file be consigned to record room.
(NAINA BAKSHI) (N.K. GOEL) MEMBER PRESIDENT
