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

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

                                                                                                   Consumer complaint no. -    786/2015

                                                                                                   Date of Institution      –       13/10/2015

                                                                                                   Date of Order         -          02/08/2016  

In matter of

Mr. Mithun Saxena, adult   

R/o-D-9, 1^st Floor, East Arjun Nagar,

Nr Hedgewar Hospital,

Delhi-110032 …………………………………....………..…………….Complainant

                                                                    Vs

1-Mobile Experts

BG – 49, Aditya Centre,

Inderapuram

Ghaziabad, UP

2-Mobipik

TC Saluja Solutions Pvt Ltd.

705, 7^th Floor, 95, Vishal Bhawan

Nehru Place, New Delhi- 110019.…………………………………….Respondents

Complainant    -In person

Opponents       - Ex Parte

Corum-     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 Sony Experia M2 phone model no D2302for a sum of Rs 20,990/- on 25/04/2014 from OP1. The said phone had insurance for one year which was provided by OP2. Under the insurance, phone had coverage of accidental damages, liquid damages, Mechanical/electrical fault and theft also.

The said phone had problem as it was not functioning properly so he was advised to contact OP 2 and phone was deposited with OP2. His phone was returned after fault repair after 04 months.

As per complainant, the said phone developed problems like non working of camera and also had liquid damage. He again took the phone to OP2 and after 20 days, OP 2 said that this phone was not reparable as some parts were not available.

Complainant was not satisfied by the reply of OP2, complainant filed this complaint. He claimed for refund of amount a sum of Rs 20,900/- with 8% interest from the date of purchase or the OP replace the said phone to new one. Besides this, he also claimed a sum of Rs 25,000/- as compensation and litigation charge. 

Complaint was scrutinized with annexures submitted. Notices were served but non put their appearance nor submitted their written statement or evidences. Despite of giving opportunity, when they failed to put their appearance, case was

proceeded Ex-Parte. Complainant filed his evidences on affidavit which are on record and are not controverted.

Arguments were heard and order was reserved.

Considering Ex Parte evidences on record, and seeing the deficiency on the part of OPs, we allow this complaint and pass the following order—

OP1 is directed to repair the said phone within 30 days in its proper working condition and after handing over to complainant, will also extend one year extended warranty from that date. Failing to comply this order in time essence, OPs shall refund the cost of the phone a sum of Rs 20,900/- with 9% interest from the date of filing of this complaint till realized.

We also award a sum of Rs 3000/-as compensation for harassment for the deficient services of OP with litigation fee Rs 1000/-. Failing to do so in time, entire amount shall carry the same interest till realization.

The order copy 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