DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi
CONVENIENT SHOPPING CENTRE, 1st FLOOR, SAINI ENCLAVE, DELHI 110092
Consumer complaint no. - 40/2015
Date of Institution - 23/01/2015
Date of Order - 01/08/2016
In matter of
Mr Dilshad, adult
s/o Sh. Hakim Ali
R/o-E-36A/22, Block 32-33
Ambedkar Camp, Trilokpuri
Delhi-110091……………………………………....………..…………….Complainant
Vs
1-Venketeshwar Distributors Pvt Ltd
P-17, Pandav Nagar, Mayur Vihar Ph -1
Delhi 110091
2-Gadget Corps.
A-83, Sec.- 2, Noida, UP
3-Nokia India Pvt Ltd.
5th Floor, Tower A&B
DLF Cyber City
Sec 25A, Gurgaon, Haryana-122002…………………………………….Respondents
Complainant’s Advocate-Rajesh Kumar Sharma
Opponents- OP1- In person
OP2- In person
OP3- None
Corum- Sh Sukhdev Singh- President
Dr P N Tiwari - Member
Mrs Harpreet Kaur- Member
Order by Dr P N Tiwari, Member
Brief Facts of the case
Mr Dilshad complainant, purchased Nokia phone from OP1 on 31/08/2014 vide EMEI no. 354258051871592 for a sum of Rs 9,739/ and got his phone insured after paying additional amount Rs 630/-
After one month, phone developed screen problem for which complainant went to OP2 for service and was assured to return the said mobile in seven days after rectifying the defect. Even after 02 months, OP2 has not returned the phone and has alleged for harassment. Complainant has also stated that he was asked to pay Rs 7000/- for repair of his phone though it was in warranty.
Hence, he filed this complaint claiming for the return of phone cost with compensation a sum of Rs 50,000/- and litigation charges Rs 15,000/-.
After scrutiny of complaint, notices were served. OP 1 & 2 put their appearance and submitted their brief. It is sated that OP 2 only provide pick and drop services and had given insurance vide GC 1001606 for one year term plan from the date of purchase. OP3 did not submit any written version or put their appearance on any date of hearing. OP1 & 2 also did not put any appearance on next dates of hearing nor submitted any evidence or filed their affidavit.
After giving ample opportunity to OPs, when they failed to put their appearance, case was proceeded Ex-Parte. Complainant filed his evidences on affidavit which are on record and are not controverted.
Arguments were heard and order was reserved.
Considering Ex Parte evidences on record, and seeing the deficiency on the part of OPs, we allow the complaint and pass the following order
OPs are directed to return the cost of the phone Rs 9739/ with 9% interest from the date of filing of this complaint till realized. We also award a sum of Rs 3000/- as compensation for harassment for the deficient services of OP with litigation fee Rs 1000/- The OPs to comply this order within 30 days from the date of receiving. Failing to do so, entire amount shall carry the same interest till realization.
The order copy be sent to the parties as per rules and file be consigned to the record room.
(Dr) P N Tiwari Member Mrs -Harpreet Kaur Member
Shri Sukhdev Singh President
