Delhi

New Delhi

CC/155/2015

Maneesh Chibber - Complainant(s)

Versus

M/S. Hugues Mackay & Ors. - Opp.Party(s)

05 Nov 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/155/15                       Dated:

In the matter of:

MANEESH CHIBBER

S/O MR. R K CHIBBER

R/O- 95, ANUPAM APARMENTS,

VASUNDHARA ENCLAVE,

NEW DELHI-110096

                   ……..COMPLAINANT

VERSUS

1.MR.HUGES MACKAY,BLABERRY LTD.

GRIETANCES OFFICER, CORPORATE HEAD OFFICE

BLACKERRY B, 2200 UNIVERSITY AVE. E WATERLOO, ON, CANADA – N2K 0A7

 

2. MR. SUNIL LALANI

MANAGING DIRECTOR, INDIA

BLACKBERRY INDIA PROVIATE LTD.

BLACKBERRY EAD OFFICE, NO-76,

UDYOG VIHAR PHASE-1,

GURGAON, HARYANA.

 

3. BLACKBERRY INDIA PROVIATE LTD.

GROUND FLOOR 8-12,

WORLD TRADE CENTRE,

BABBAR ROAD, CONNAUGHT PLACE,

NEW DELHI

 

4. MANAGING DIRECTOR,

HCL ATECHNOLOGIES

33/1, ULSOOR ROAD, BEHIND HOTEL OBEROI,

NEAR M G ROAD, ULSOOR ROAD,

BANAGALORE, KARNATAKA.

 ………. OPPOSITE PARTY

ORDER

Member :  Ritu Garodia

 

The factual matrix of complaint is that the complainant owns a Blackberry Mobile.  The complainant faced certain problems regarding the handset and submitted it in service centre on 19.3.2013.  The handset kept on giving problems and was sent for repairs to service centre on many occasions.  Job sheets annexed.  Finally OP handed over a new handset on 6.9.2013.  The new handset again stopped functioning on 16.11.2013.  It was repaired and complainant had to give the mobile for repair multiple times on 16.11.13, January 2014, and 5.4.14. On examination of mobile by complainant, it was discovered that battery on new phone had manufacturing year of 2011.  The mobile phone continues to be with OP service centre.  It is further alleged that employers of OP misbehaved every time the complainant went for repair.

The matter was referred to mediation and settlement was arrived between the parties on 24.4.15 vide Ref.No.147/VBM/2015/Med-167.  Settlement is reproduced as follows:-

1. It is agreed between and by the parties that the opposite party has agreed to give a new handset model “Blackberry Passport” in lieu of the previous set description of the job sheet given herein above.
2. That the opposite party has further agreed a sum of rs.10,000/- (Rs.Ten Thousand Only) to the complainant by way of transfer of the same in account non00561050001205 in HDFC Bank, Mohali Branch.
3. It is further agreed between the parties that handing over new set and the payment of the agreed amount of Rs.10,000/- will be done by the opposite party within 25 days from today.

However, OP failed to comply with settlement between the parties.  Notice was issued to OP for 23.7.15, but none appeared. Copy of notice placed on record.  OP was proceeded ex-parte.

We have given due consideration to argument and pleadings.  It is apparent that the complaint had been severely harassed by service centre.  Apart from charges of delay and misbehavior as stated in complainant’s evidence, the matter was settled by OP.  Settlement vide mediation centre is placed on record.  Yet, OP refused to comply with settlement condition with impunity.  The innocent consumer not only spent time on multiple visits to service centre for repair but also had numerous sittings with OP in mediation centre. OP has continued keeping the handset with mala-fide intentions to trouble the complainant.

We, therefore, find OP guilty of unscrupulous and deceptive trade practice falling within the definition of unfair trade practice and direct OP-1 & 3 to pay the cost of handset i.e. Rs.34,000/- along with 9% interest from first date of repair i.e.19.3.2013 till payment.  We also award Rs.20,000/- as compensation for harassment due to unfair trade practice and we also award Rs.10,000/- as litigation expenses.

The order shall be complied with within 30 days of the receipt of the copy of the order; otherwise action can be taken under Section 25 / 27 of the Consumer Protection Act.

File be consigned to record room.

Copy of the order be sent to the parties free

of cost.

Pronounced in open Court on 05.11.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(RITU GARODIA)

MEMBER