Delhi

New Delhi

CC/570/2013

Abhishek Sharma - Complainant(s)

Versus

M/S. Infiniti Retail Ltd. - Opp.Party(s)

01 Sep 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/570/13                                      Dated:

In the matter of:

Sh. Abhishek Sharma,

R/o 505, Elysium Homes, Sector-9, Vaishali,

Near CNG Gas Station, Ghaziabad-201010

……..COMPLAINANT

       

VERSUS

1. Infiniti Retail Limited,

        Trading as Croma,

        Odeon Ground Floor,

        Odeon Cine Complex,

        D-Block, Connaught Place, New Delhi-110001

 

2. Blackberry Express Center-Nehru Place,

        204, 2^nd Floor, Building no.78,

        Guru Amar Das Bhawan, Nehru Place,

        New Delhi-110019

                                         ……. OPPOSITE PARTIES

 

ORDER

President: C.K Chaturvedi

               

The Complainant, who is an advocate in his complaint has highlighted in great details the turmoil faced by him, at the hands of service centre of Blackberry Mobile Phone, which was defective in use. He has purchased the phone of Rs.34,990/- with 18 months warranty, after purchase in 2012 vide bill on record. His going to service centre, difficulty in getting back up etc and other associated problems with even backup and replacement of phone, etc, mentioned in great details cannot be reproduced, and are supported by evidence and taken as truth showing great harassment, agony and suffering by him. The OP service centre & Blackberry Company manufacturer were proceeded exparte, by OP1 is a retailer and has filed a reply that as a retailer he cannot be held liable for defects.

We have considered the entire complaint with evidence & documents. We can well understand the inconveniences, hardship etc. in professional life due to defective phone purchased by him. However, same could have been migrated to a large extent by another set, rather than clinging to the same set, in order to serve his needs in profession. The mobile phone company do not undertakes to provide travel expenses for getting it repair or time loss or business loss due to defective phone.

Nevertheless, he is entitled to refund of purchase money by manufacturer for selling ad defective phone, which during warranty presented problem. The manufacturing company is also liable to keep a service centre, which is not only fully competent & equipped, it provides no discomfort, or affect the customers. The complainant has highlighted short coming encounter by him in this regard, which he brought to notice of OPs.

In the light of all the facts, we direct:

1. OP2 to refund Rs.34,990/- with interest of 9% from date of purchase of phone  model no.9900 IMEI 358567040365971 till date of payment.
2. OP2 to pay Rs.25,000/- to complainant for poor service centre services, as highlighted in complaint.
3. To pay Rs.10,000/- for 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 against OP 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 01.09.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(Ritu Garodia)

MEMBER