Delhi

East Delhi

CC/46/2015

SUSHIL - Complainant(s)

Versus

NEW MOBILE CARE - Opp.Party(s)

30 Oct 2015

ORDER

                                     DISTRICT CONSUMER DISPUTE REDRESSAL FORUM – EAST

                                                                      Govt of NCT Delhi

                     CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                       

Consumer complaint no. 46/2015

In matter of—

Sushil Kumar, aged about 43 yrs,

s/o Sh Shyam Prasad Sharma

R/o-HN.-A470, Minto Road, New Delhi………………………………………………..…………….Complainant

                                                                    Vs

1-M/s The Mobile Care(Delhi)

Guru Nanak Pura, Opp.- V3S Mall, Nr Maharaja Banquet Hall

Laxmi Nagar, Delhi—110092

2-M/s Paliwal Mobile Centre,

2151/17A, New Patel Nagar, Metro Pillor-254,

Shadipur Depot, New Delhi 110008

3-M/s Micromax,

Micro Macromax House, 90B, Sec. 18,

Gurgaon, Haryana, 122015 ………………………………………………………….………………….Respondents 

                                                                                                       Date of Institution      21/01/2015

                                                                                                       Date of Order               /11/2015 Before

1-Sh N A Zaidi……………………………………………………………President

2-Md. Poonam Malhotra………………………………………….Member

3-Dr P N Tiwari…………………………………………………………Member                                                                                                                   

Order by—Dr P N Tiwari, Member : 

Brief Facts of the case—                                                                                                    Page 01

Mr Sushil Kumar is Complainant and O2 is seller of the said Mobile purchased by complainant. OP1 here is an authorized service centre for OP2. The OP3 is a manufacturer of the said mobile. The complainant Sh Sushil Kumar, adult, as per his Aadhar card copy on record, herein called as Complainant, purchased a dual Sim hand set grey color model no A091, MICROMAX, from Paliwal Mobile Centre here in called OP2 as per CC 46/2015 vide cash memo no 4303 dated 04/09/2014 for Rs 6000/-(Six thousand).

The said mobile developed some problem for which Complainant went to the authorized workshop of Micromax named as M/S The Mobile Care(Delhi) herein called as OP1, and job card was prepared on dated 16/09/2014. The problem was noted in job card as 4911-disply touch screen not working. The amount of Rs 500/- was charged as per job card. The delivery date of said mobile is not mentioned by OP1.  Thereafter, the complainant again took the said mobile to OP1 for the same problem on dated 28/11/2014 and Rs 500 was charged. Second job card, shows “Auto Vibrate”.    

Thereafter, the complainant sent a legal notice on dated 12/12/2014 and asked for replacement of the said mobile and a compensation of One Lakh for the loss suffered by the complainant. No reply to legal notice was given by the Ops, so complainant filed this compliant before us with the specific prayer of Compensation of Rs One Lakh from Ops.

Complaint was admitted and notices were issued to parties through speed post and they were duly served. No one presented themselves in person and no written statements were filed despite of being given time. Hence, decided to proceed Ex Parte against all Ops as per the Act.

Complainant filed his evidences on affidavit and the same is uncontroverted on record. We have gone through all the facts of the complaint and relevant evidences submitted by the complainant on affidavit.

We scrutinized all the facts and evidences placed on record. The purchase bill of said mobile is dated 04/09/2014, two service centre job cards dated 16/09/2014 and 28/11/2014 showing same defects have been placed on record. Respondent has taken charges for repair when the mobile phone was in warranty period. The facts as stated on oath by the complainant are not controverted by the respondents. The evidences deemed to be admitted in view of the above facts. We are of the view that respondents are not only deficient in providing the services but also guilty of unfair trade practice.

We allow this complaint and pass the following order-                                              

• The respondents are directed to refund the cost of the phone ie Rs 6000/- (six thousand) to the complainant with 9% interest thereon from the date of filing of this complaint till realization of order.  
• The respondents are also directed to return the repair charges of Rs 1000/.  
• The respondents shall also pay compensation of Rs 2,500/- on account of harassment and mental agony to the complainant with Rs 1000/- as cost of Litigation.  

                                                                                                                                               Page 02

Let all the amount be paid within 30 days from the date of order, failing which complainant shall be entitled for 9 % interest till paid. 

The order announced in the open Forum on dated …………………………………

The order copy shall be sent to the parties Free of cost as per act and file be confined to the record of Forum.

 

           (Dr) P N Tiwari  Member                                                    Md Poonam Malhotra-Member                   

                                       

                                                   Mr N A Zaidi   President

 

Forum Stamp                                                                                                                                 Page 03