DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 1441/2015
D.No.____________________ Dated: _________________
IN THE MATTER OF:
RISHI KUMAR SARROF S/o SH. LALAN PRASAD,
R/o H. No.76-C, BLOCK-BC,
EAST SHALIMAR BAGH, DELHI-110088.… COMPLAINANT
Versus
1. M/s AVJ COMMUNICATION,
SHOP No.20, 2nd FLOOR, GTB NAGAR,
HUDSON LANE, DELHI-110009.
2. MICROMAX HOUSE,
679, UDYOG VIHAR, PHASE-V,
GURGAON-122022 (HARYANA).
3. SPICE HOTSPOT,
BUILDING No.50, BLOCK-BK,
WEST SHALIMAR BAGH, DELHI-110088. … OPPOSITE PARTY (IES)
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 19.11.2015 Date of decision: 15.02.2019
SH. BARIQ AHMED, MEMBER
ORDER
1. The complainant has filed the present complaint against the OP under the Consumer Protection Act, 1986 thereby alleging that the complainant purchased a mobile handset of Micromax Canvas Doodle model no. A102 having IMEI Nos.911396404417560 &911396404518599 for Rs.7,700/- from OP-3 vide invoice
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no.1041423 dated 01.01.2015. In the month of October-2015 the mobile handset of the complainant did not work technically and accordingto terms & conditions of the mobile handset was under warrantee period so on 19.10.2015, the complainant went to the authorized service center i.e. OP-1 for repairing the mobile handset. Thereafter, communications with the staff of OP-1, the complainant agreed to give the mobile handset for repair and the staff of OP-1 assured that within 10 days OP-1 will provide use mobile handset with full satisfaction and as such handed over the mobile handset to OP-1 and as per assurance by OP-1 after 10 days the complainant went to collect the mobile handset but OP-1 told the complainant that the mobile handset is not ready and to come on tomorrow without giving proper reason and again on next day, the complainant went to the shop of OP-1 to collect the mobile handset and again OP-1 gave the assurance to return the mobile handset the next day and to come on next day and again on next day the complainant went to the shop of OP-1 to collect the mobile handset and again OP-1 repeated the same assurance. The complainant further alleged that the complainant called Micromax Customer Care No. 18605008286 and talked to customer care there he assured the complainant to give detail within 24 hours vide complaint no. MMX0911151605147 approx. 10 a.m. on 09.11.2015 but he did not collect the mobile handset and not provide the
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status. The complainant further alleged that despite various effortsthe mobile handset after repair was not returned nor replaced and as such due to the act of OP-1 the complainant suffered a lot of mental, physical and economical agony and loss.
2. On these allegations the complainant has filed the complaint against OPs with a prayer for compensation of Rs.70,000/- for causing harassment and mental agony.
3. OP-1 & OP-3 have been proceeded ex-parte vide order dated 03.08.2016 as none on their behalf has appeared. Only OP-2 has been contesting the case and has filed written statement wherein OP-2 submitted that the case of the complainant is not maintainable and is liable to be dismissed. OP-2 further submitted that the complainant purchased the mobile handset on 01.01.2015 and the warrantee of the mobile handset expired on 31.12.2015 and the complainant deposited the mobile handset with the authorized service centre on 19.10.2015 and the authorized service centre repaired the mobile handset and intimated to the complainant but the complainant not revert back to collect the mobile handset and OP-2 never denied to provide its services to the complainant as assured under the terms of the warrantee and the complainant agree with the terms of warrantee at the time of purchase of the mobile handset.
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4. The complainant filed rejoinder and denied the submissions of OP-2.
5. In order to prove his case the complainant filed his affidavit in evidence and has also filed written arguments. The complainant also placed on record copy of invoice dated 01.01.2015 regarding purchase of the mobile handset Micromax Canvas-A102 bearing IMEI no. 911396404417560 of Rs.7,700/- and copy of job sheet dated 19.10.2015.
6. On the other hand, OP-2, Md. Asad Shakeel, Sr. Manager(Legal) and AR of OP-2 filed affidavit in evidence. OP-2 also filed written arguments.
7. This Forum has considered the case of the complainant in the light of evidence of the complainant and documents placed on record. The case of the complainant has remained consistent and undoubted and there is nothing on record to disbelieve the case of the complainant. OP-2 has failed to prove any document to show as to when the complainant was intimated by OP-1 & OP-2 that mobile handset has been repaired and on which date OP-1 & OP-2 asked the complainant to collect the repaired mobile handset from authorized service centre. It seems that OP-2 has taken a bogus and false defence which cannot be believed. Accordingly, OP-2 being the manufacturer is held guilty of unfair trade practice and deficiency in service. It is on record that the complainant has used
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the mobile handset for about 10 months.
8. Accordingly, OP-2 is directed as under:
i) To pay to the complainant an amount of Rs.5,000/- being the depreciated value of the mobile handset on return of accessories, original invoice and job sheets.
ii) To pay to the complainant an amount of Rs.5,000/- as compensation towards mental agony and harassment caused to the complainant whichincludes litigation cost.
9. The above amount shall be paid by OP-2 to the complainant within 30 days from the date of receiving of this order failing which OP-2 shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving of this order till the date of payment. If OP-2 fails to comply with the order within 30 days from the date of receiving of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
10. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 15thday of February, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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