Delhi

North East

CC/20/2015

Prabhat Pathak - Complainant(s)

Versus

M/s Wizart Digitek Computer - Opp.Party(s)

31 Jan 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 20/15

 

In the matter of:

 

	Shri Prabhat Pathak S/o Shri Rakesh Pathak R/o J-96, Street No. 5, Kartar Nagar Delhi.	Complainant
	Versus
1.     2.         3.	M/s Wizart Digitek Computers Pvt Ltd. C-6/232 Yamuna Vihar, Delhi 110053.   M/s The Mobile Care B-36, Guru Nanak Pura, Opp. V3S Mall, Near Maharaja Banquet Hall, Laxmi Nagar, Delhi-110092.   M/s. Micromax Informetic Ltd. 21/14-A, Phase-II, Naraina Indl. Area New Delhi-110028.	Opposite Parties

 

DATE OF INSTITUTION:         JUDGMENT RESERVED ON:               DATE OF DECISION      :

15.01.2015 29.01.2018 31.01.2018

 

 

 

N.K. Sharma, President

Ms. Sonica Mehrotra, Member

Ravindra Shankar Nagar, Member

Order passed by Shri N.K. Sharma, President:-

 

ORDER

1. The complainant has filed the present complaint against M/s. Wizard Digitek Computers (Dealer)-OP1,  M/s the Mobile care (Customer Care/Service Centre)  –OP2, M/s Micromax Informetic Ltd (Manufacturer)- OP3 of the Micromax mobile phone number Model No. A068 bearing IMEI/ Serial No. 911353550739636  which the complainant had purchased from OP1 for a sum of  Rs. 6,400/- vide invoice No. 24343 dated 01.05.2014. Complainant stated that after two weeks from the purchase of mobile phone it became defective and he approached to OP1 for the repair where OP1 sent him to OP2 on 20.10.2014 where OP2 took the mobile phone from the complainant for the repair but till date OP2 neither repaired nor returned the said mobile to the complainant.  Therefore, complainant sent a legal notice dated 30.12.2014 by speed post through his counsel but till date no response from the side of OPs.  After seeing this illegal and unlawful acts and actions of the OPs complainant moved the present complaint with the prayer for directions to OPs to replace/repair the same mobile phone and to Pay Rs. 50,000/- as compensation towards damages. 
2. Notices were sent to OPs but nobody appeared on its behalf. Thereafter vide order dated 16.10.2015 they were proceeded against Ex-parte.
3. The complainant filed his Ex-parte evidence by way of affidavit as well as written arguments.
4. We have heard the arguments forwarded by complainant and perused the documents placed on record. Vide the jobsheet dated 20.10.2014 the OP2 had received the mobile in question for repairs but never return the same to the complainant in any manner repaired or unrepaired which the complainant apprised this Forum of during the course of addressing final arguments. In absence of OPs the claim of the complainant has gone un-rebutted and on the basis of documentary evidence placed by the complainant on record of this Forum, we are of the considered view that the complainant has made out a case of deficiency in service against the OPs. Since the OPs are dealer, customer care/service centre and manufacturer of the mobile in question their liability is joint and several we accordingly hold all the OPs guilty of deficiency in service and direct the OPs to handover the repaired mobile or in the alternate replace the same, if irreparable with a new handset of same value and make and features to the complainant within 30 days of receipt of this order, failing which interest @ 9% p.a. on the cost of the disputed mobile i.e. Rs. 6,400/- from the date of filing of complaint till realization shall be imposed on the OPs payable to the complainant.

We also award a sum of Rs. 5,000/- as compensation / damages payable by the OPs to the complainant within the prescribed time period of 30 days. The complaint is decided accordingly.

5.  Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
6.   File be consigned to record room.
7.   Announced on  31.01.2018   

 

(N.K. Sharma)     President

(Sonica Mehrotra) Member

(Ravindra Shankar Nagar) Member