Delhi

West Delhi

CC/15/309

PRATEEK ARORA - Complainant(s)

Versus

N.D. TRADERS - Opp.Party(s)

30 Sep 2016

ORDER

CONSUMER DISPUTES REDRESSAL FORUM (WEST)

GOVERNMENT OF NCT OF DELHI

150-151, Community Centre, C-Block, JanakPuri, New Delhi – 110058

 

                                                                                     Date of institution                 13.5.15

Case. No.309 /15                                                                                                       Date of order:                 30.9.16

 

In The matter of

 

Prateek Arora,

M-46A, St. No.4, New Mahavir Nagar,

New Delhi-18.                                                                                                        COMPLAINANT

VERSUS

N.D. Traders,(Spice Service Center),

B-11,Jyoti Shikhar Building,

Janak Puri District Center,

New Delhi-58.                                                                                            OPPOSITE PARTY-1

 

Spice Retail Ltd.,

S Global Knowledge Park,

19A & B, Sector 125,

Noida-201301.                                                                                           OPPOSITE PARTY-2

 

ORDER

R.S. BAGRI (PRESIDENT),

 

            Brief facts necessary for the disposal of the complaint are that complainant purchased one mobile handset Spice Stellar 360 with IMEI No.911313252155069 from

2

Saholic, Spice Online Retail Pvt. Ltd., through Amazon India for sale consideration of Rs.3997/- vide invoice No.KA-BLRS-133090711-6508 dated 22.8.14.  The mobile handset developed some fault within a week from the date of purchase .  The complainant deposited the handset with Opposite Party-1 for repairs vide first  job sheet No.30101456EB0430 within warranty. But   the handset is not repaired and returned by the Opposite Party-1  Hence the present complaint for directions to the Opposite Parties to refund Rs.3997/- the cost of the handset  and pay Rs.50,000/- as compensation for mental pain, agony and harassment alongwith litigation expenses.

 

            Notice of the complaint was sent to the Opposite Parties.  Despite imposing cost none of the Opposite Parties filed reply.  Therefore, the Opposite Parties were proceeded against exparte vide order dated 2.3.16. 

 

            When the complainant  was asked to lead exparte evidence, he filed affidavit dated 25.4.16 and relied upon invoice No.KA-BLRS-133090711-6508 dated 22.8.14, job sheet No.30101456E91051 dated 25.9.14, e-mail dated 20.4.15 and copy of  online complaint to National Consumer helpline.  He has once again narrated the facts of the complaint in the affidavit dated 25.4.16.   He deposed that the handset was having fault from the date of purchase.  The mobile handset was given to the Opposite Parties but till date it is neither repaired nor returned to the complainant.

 

            From the perusal of the invoice No.KA-BLRS-133090711-6508 dated 22.8.14, job sheet No.30101456E91051 dated 25.9.14 and  e-mail dated 20.4.15, it reveals that  the complainant purchased one mobile handset Spice Stellar 360 with IMEI No.911313252155069 from Spice Online Retail Pvt. Ltd., for sale consideration of Rs.3997/-. 

3

The handset was given for repairs to Opposite Party-1 but the same was not returned till today.  

 

We have heard complainant  in person and gone through the complaint, affidavit dated 25.4.16  and the documents placed on record carefully and thoroughly.  

 

The version of the complainant   has remained unrebutted and unchallenged. There is no reason to disbelieve the unrebutted and unchallenged evidence of the complainant.  The complainant from the unrebutted affidavit, invoice, job sheet and e-mails is able to show that on 22.8.14 he purchased one mobile handset Spice Stellar 360 with IMEI No.911313252155069 from  Spice Online Retail Pvt. Ltd., through Amazon India for sale consideration of Rs.3997/- vide invoice No.KA-BLRS-133090711-6508 dated 22.8.14.  The mobile handset developed some fault. The complainant deposited the handset with Opposite Party-1 for repairs vide job sheet No.30101456E91051 within  warranty. But   the handset is not repaired and returned by the Opposite Party.  The Opposite Party-2 also did not pay any heed to the grievance of the complainant despite several communications by him.  The complainant has suffered loss of mobile handset and is also deprived of his valuable right to use the same.     Therefore, there is negligence and deficiency in service on the part of Opposite Parties.  The Opposite Party-1 & 2 are jointly and severely liable to pay Rs. 3997/-, the  cost of the mobile handset  and pay compensation of Rs.1500/- for mental pain, agony and harassment and litigation  expenses.  

 

            In light of above discussion and observations, the complaint succeeds and is hereby allowed.  The Opposite Parties are directed to pay a sum of Rs.3997/-, cost of mobile handset with interest at the rate of 9% per annum from the date of filing of

 

4

the complaint till actual realization of the amount.   We further award compensation of Rs.1000/- for mental pain, agony and  harassment suffered by the complainant and for loss of use of mobile handset for almost two years and litigation expenses.  .  Order pronounced on :30.09.2016

• Copy of order be sent to the concerned parties free of cost.

Thereafter, file be  consigned to record.

 

 

 

(PUNEET LAMBA)                          (URMILA GUPTA)              (R.S.  BAGRI)

 

  MEMBER                                          MEMBER                            PRESIDENT