Delhi

West Delhi

CC/15/743

RANI - Complainant(s)

Versus

ND TRADERS - Opp.Party(s)

09 Dec 2015

ORDER

 CONSUMER DISPUTES REDRESSAL FORUM (WEST)

GOVERNMENT OF NCT OF DELHI

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

 

                                                                                     Date of institution           : 23.10.15

 

Case. No.-743/2015                                                                                   Date of order          : 2.7.2016

In the matter of :-                     

Ms. Rani / Anil Kumar Gupta,

RZ-68/271, Post office wali Gali,

Near Post Office, Hans Park, West Sagarpur,

New Delhi-110046.                                                                       Complainant

Vs.

N.D. Traders,

B-11, Jyoti Shikhar Building,

Janak Puri Distt. Centre,

New Delhi – 110058                                                                     Opposite Party-1

 

Spice Retail Ltd.,

5, Global Knowledge Park,

19-A & B, Sector-125,

Noida-201301 (U.P)                                                                      Opposite Party-2

 

  (R.S. BAGRI, PRESIDENT)

O R D E R     

 

            Brief facts as stated are that complainant purchased one mobile handset make Spice MI520 from RR Communication, Shop No. 49/56, Vikas Surya Mall, Manglam Place near M2K, Rohini, Sector-3, New Delhi-110085 for sale consideration of Rs. 8500/- vide invoice No. 1132 dated 24.12.14.      But after few months the mobile handset developed some faults.  The complainant deposited the mobile handset with (N.D. Traders authorised service centre - OP-1) on 2.9.15 for repairs within warranty.  The opposite party-1 issued job sheet No. 30101456F90088  dated 2.9.15.    But the handset was not returned

 

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even after one and half month despite several communications with the opposite party-1.  The opposite parties gave assurances through several e-mails that they will soon contact the complainant, repair his mobile handset and will despatch.    But despite all assurances the handset is not returned to the complainant.   Hence, the present complaint for directions to opposite parties-1 &2 to refund Rs. 8500/- cost of the mobile handset and pay compensation for mental pain, agony and harassment.   

 

            Notice of the complaint was sent to the opposite parties.  But none appeared on their behalf.    Therefore, the opposite parties were proceeded ex-parte vide order dated 9.12.15.

 

            When the complainant was asked to lead ex-parte evidence, he filed affidavit dated 28.3.16 and relied upon  invoice dated 24.12.14, job sheet dated 2.9.15, copy of e-mails sent to opposite party-2 and copy of list of events.  The complainant deposed that the documents enclosed corroborates the negligence on the part of opposite parties in discharging their duties.

 

            On perusal of the documents, it reveals that the complainant purchased one mobile handset make Spice MI520 from RR Communication, Shop No. 49/56, Vikas Surya Malls, Manglam Palace near M2K, Rohini, Sector-3, New Delhi-110085 for sale consideration of Rs. 8500/- vide invoice No. 1132 dated 24.12.14.      But after few months the mobile handset developed some fault.   The complainant on 2.9.15 deposited the handset for repairs with opposite party-1 within warranty.   They   did   not  return  the  mobile handset till today.

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            We have heard the complainant in person and have gone through the material on record carefully and thoroughly.

 

            The version of the complainant remained un-rebutted and unchallenged.   Therefore, there is no reason to disbelieve his version.   The complainant from the un-rebutted and unchallenged affidavit, invoice, e-mails and job sheet has been able to show that he purchased one mobile handset make Spice MI520 from RR Communication, Shop No. 49/56, Vikas Surya Mall, Manglam Place near M2K, Rohini, Sector-3, New Delhi-110085 for sale consideration of Rs. 8500/- vide invoice No. 1132 dated 24.12.14.      The mobile handset developed some fault.  Therefore, the complainant delivered the mobile handset to opposite party-1 on 2.9.15 for repairs.   But they did not return the handset to the complainant till today.   The complainant  is deprived of his valuable right to use the mobile handset.       The complainant several times enquired about status of his mobile handset and sent several e-mails to opposite party-2.  But opposite parties failed to give satisfactory reply and redress his grievance.    Therefore, there  is negligence and deficiency in service on the part of opposite parties-1 &2.   Hence, the complainant is entitled to recover Rs. 8500/- as cost of the mobile handset.  He is also entitled for compensation of Rs. 7000/- for mental agony, pain suffering and litigation expenses.  Both the opposite parties  are jointly and severally liable to pay the amount.

 

 

 

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            In the light of above discussion and observations, the complaint succeeds and is hereby allowed.     The opposite parties-1&2 jointly and severally are directed to pay a sum of Rs. 8500/-, cost of the mobile handset, with interest @ 9% p.a from the date of filing of the present  complaint till actual realisation of the amount and Rs. 7,000/- for mental agony, pain, suffering and litigation expenses.

 

Order pronounced on   : 2.7.2016

 

• Compliance of the order be made within 30 days after receipt of the order.
• Copy of order be sent to the concerned parties free of cost.
• File be  consigned to record.

 

 

 

 

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

  MEMBER                                            MEMBER                               PRESIDENT