Delhi

North East

CC/432/2015

Harpal Singh - Complainant(s)

Versus

New Friends Communication - Opp.Party(s)

22 Jan 2019

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. 432/15

 

In the matter of:

		Shri Harpal Singh S/o Shri Mukhtiyar Singh 1/2163-B Ramnagar Shanti Building, Shahdara Delhi-110032		Complainant
		Versus
		New Friends Communication Add: 1/2306, Ram Nagar Mandoli Road, Indira Plaoo Delhi-110032 Panasonic Mobile Service Centre Yamuna Vihar, New Delhi-110032 Panasonic India Pvt. Ltd. (Consumer Sales Division) 12th Floor, Ambience Island NH-8, Gurgaon-122002		Opposite Parties
			DATE OF INSTITUTION:         JUDGMENT RESERVED ON:               DATE OF DECISION      :		13.04.2015 22.01.2019 22.01.2019

 

N.K. Sharma, President

Ms. Sonica Mehrotra, Member

 

Order passed by Ms. Sonica Mehrotra, Member

 

ORDER

 

1. Facts material to the disposal of the present case are that the complainant had purchased a Panasonic mobile model no. ELUGA-A, bearing IMEI  No. 354848067097984-992 manufactured by OP3 from OP1, authorized dealer on 10.10.2015 for sum of Rs. 7,700/- and in addition paid Rs. 799/- for insurance vide invoice no. 1340/ book no. 07. However within two- three days of its purchase, the above said handset started getting shut down on its own and complainant reported about the said problem to OP2, authorized service centre of OP3. On 17.10.2015 complainant visited OP2 service centre where the officials of OP2 said that as the given day their server was not working, asked the complainant to come again on 19.10.2015 and complainant submitted his mobile on 23.10.2015 and OP2 asked him to come on 24.10.2015 to collect the same. Thereafter, OP2 promised to the complainant to give his mobile on 26.10.2015 and on the same day when complainant went to OP2 service centre for receiving his mobile, OP2 did not give said handset to the complainant. The complainant was harassed by both OP2 and OP1. Therefore, the complainant was constrained to file present complaint before this Forum for issuance of directions to the OPs to refund a sum of Rs. 8,499/- towards the cost of the handset, Rs. 10,000/- as compensation for mental harassment and Rs. 15,000/- towards the cost of litigation.

Complainant has attached copy of retail invoice dated 10.10.2015 for purchase of the handset for a sum of Rs. 8499/- (Rs. 7700/- cost of the mobile and Rs. 799/- paid for insurance) and copy of mobile receipt deposit to OP dated 19.10.2015.

2. Notices were issued to the OPs on 14.01.2016. None appeared on behalf of OPs despite services. Therefore all the OPs were proceeded against ex- parte vide order dated 29.03.2016.
3. The complainant filed ex-parte evidence by way of affidavit and written arguments on 25.04.2016 and 25.07.2018 respectively. The complainant filed copy of jobsheet no. KJASPDL2061015P14055 dated 23.10.2015 issued by OP2 for submission of the said handset.
4. We have heard the arguments addressed by the complainant in person and have perused the documentary evidence placed on record which in absence of rebuttal by the OPs is sufficient to prove deficiency of service on part of the OPs in having sold a defective handset which did not function properly for even a week after its purchase what to talk of warranty period and failure on the part of OP2, authorized service centre of OP3 to repair the same within the stipulated promised period and hand it over to the complainant without any cogent reason for the same and forcing complainant to make multiple futile rounds only never to receive his handset repaired.
5. We therefore, allow the present complaint and direct all the OPs jointly and severally to refund the cost of the mobile i.e. Rs. 8,499/- to the complainant. We further direct the OPs jointly and severally to pay a sum of Rs. 3,000/- to the complainant as compensation for mental, physical and financial harassment and Rs. 2,000/- towards litigation charges. Let the order be complied with by the OPs within 30 days of receipt of copy of this order.
6.  Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
7.   File be consigned to record room.
8.   Announced on  22.01.2019

 

 

(N.K. Sharma)     President

(Sonica Mehrotra)                   Member