DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (CENTRAL)

MAHARANA PARTAP BUS TERMINAL: 5^th  FLOOR.

KASHMERE GATE DELHI – 110 006

CC No. 314/2013

Vinod Kumar Anand,

Flat No. 166, Pocket-6/3,

Nasirtpur

Dwarka, Sector 1 A

NEW DELHI – 110 045                                          ..........Complainant

Versus

1. A to Z Shopping Ltd.

10, Darya Ganj,

NEW DELHI – 110 002                                        ..........Respondent/OP

ORDER

Per Sh. S N Shukla, Member

The complainant bought a mobile phone Wynncom-0889 Model for Rs.2,198/- vide No. a2z/12-13/MD/DL/1396 dated 11.1.2013.  It has been alleged that Mobile phone was not functioning properly and was deposited with Co’s service centre at Janak Puri.  After more than a month it was refunded to complainant.  But mobile phone went wrong against after a gap of one and half months submitted to service centre who gave the final report as irreparable and referred the company to OP.  But op instead of refunding the amount gave an acknowledgement slip for the same on 12.11.2013.  the complainant made several efforts since date for refund of amount or correcting the defective product but no response from OP.

The complainant’s prayer is that the OP be directed to replace the product with renewed warranty or refund an amount of Rs.2198/- towards cost of product.  Further OP be also directed to pay compensation for Rs.10,000/- alongwith legal expenses of Rs.6000/-.

      The office of the Forum had issued notice to the OP on 10.1.2014 and the same had not been received back and as such it was presumed that the same had been served upon the OP.  Further Op had not attended the proceedings on last three consecutive                    dates and as such the OP was proceeded with exparte on 11.9.2014.

In his affidavit complainant stated that the accompanying complaint under section 12 of the CP Act has been drafted by him and contents of the same are true and correct and the same may be read as part & parcel of this affidavit.

We have gone through all the documents on record.  In the absence of the detailed explanation and reply of the OP the complainant’s allegations stand proved as OP has been ordered to be proceeded with exparte.

Under these circumstances we believe that case of the complainant & hold that the OP was deficient in rendering service to the complainant as a  result of which the complainant is suffering loss, harassment pain and mental agony.  We allow the complainant with these directions to the OP.

1. To refund an amount of Rs.2198/- towards the cost of product.
2. To pay a sum of Rs.6000/- towards compensation, cost of litigation charges and for harassment, mental agony suffered by the complainant.

The above amount shall be paid by the OP to the complainant within 30 days from the date of this order failing which OP shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of this order till the date of payment.  If OP fails to comply with the order within 30 days, the complainant may approach this Forum u/s 27 of the Consumer Protection Act, 1986. 

Copy of the order be made available to parties free of cost as per law.

          File be consigned to R/R.

        Announced in open sitting of the Forum on_____________

                   ( S N SHUKLA )                   ( RAKESH KAPOOR )

          MEMBER                                          PRESIDENT