Delhi

East Delhi

CC/202/2013

RAJ KUMAR VERMA - Complainant(s)

Versus

OPTIMUM TELE - Opp.Party(s)

27 Jan 2017

ORDER

              DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

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

                                                                                                  Consumer complaint no.      202 / 2013

                                                                                                   Date of Institution               31/03/2013

                                                                                                   Order Reserved on              27/01/2017

                                                                                                   Date of Order                       30/01/2017                                                                                                          

In matter of

Mr Raj Kumar Verma,  adult   

s/o-Sh S.S. Verma   

R/o- F 32, East Jyoti Nagar, Shadara Delhi-110032……………….Complainant

                                                                   

                                                                     Vs

1- M/s Optimum Teleservises

    Shop No. A-160, First Floor, Krishna Bhawan,

    Vikas Marg, Shakarpur, Delhi 110092

 

2-M/s Spice Hot Spot  

    411/3A, Pandav Road,   

    Vishwas Nagar, Delhi 110032

 

 3-Spice Mobility Ltd.

     Global Knowledge Park

     19A & B, Sec 125, Noida, UP 201301……………………..…………….Respondents

 

Complainant’s Advocate                           Ankit Gupta

Opponent 1                                                 None

Opponent 2                                                 Manish Kumar Sharma  - Legal Manager 

Opponent 3 Advocate                               Ms Vimla Shahi

 

Quorum     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                                                                                                

Complainant purchased spice mobile handset from OP2 vide model no. M 6686 FLO having EMEI-911114150271317 and911114150271325 vide receipt no. 1685 for a sum of Rs 3590/-on 21/02/2012marked here as Annexure A.

The said mobile got defective and started hang problem while talking after using for some time, so complainant took his mobile to OP1 as authorized service centre of OP3 on 04/07/2012 and OP assured to return within seven days after repair as marked Annexure B and the said mobile was returned after repair.

Thereafter, the said mobile started again hanging and call receiving problem, so complainant visited OP1 for repair, but could not get the satisfactory reply. Thereafter, he contacted OP3 who told to get the problem rectified from OP2. Hence, complainant deposited his mobile with OP2 vide job sheet no. 30100144CB0730 on dated 26/11/2012. The mobile was under warranty, marked here as Annexure C.

Complainant did not get his mobile from OP2 or got any reply about his mobile status despite of visiting number of times, so sent legal notice dated 07/02/2013 through speed post and courier also, but did not get response as marked here Annexure D to G, so filed this complaint claiming deficiency in services by OPs and unfair trade practice by which complainant suffered mental harassment and financial loss. He claimed for refund of mobile Rs 3590 with 18% and compensation Rs 25,000/-along with litigation and other charges Rs 1,000/-.

Notices were served. OP 2&3 put up their appearance and after receiving complaint copy did not file written version despite giving opportunity, so stage to file written version was closed. Complainant submitted its Ex Parte evidence on affidavit which is on record.

Thereafter, OP 2 & 3 filed their evidence on affidavit which were taken on record, but OPs did not appear after filing evidence till on the date of arguments neither proceeded Ex Parte. Complainant submitted his written arguments also so taken on record.   

 Argument was heard and order was reserved.

After perusal of evidence on record, it has been observed that complainant purchased mobile and developed hanging problem for which mobile was handed over to OP1. Also OP2 neither rectified the problems neither returned mobile which was under warranty which were evident by annexures on record.

After scrutinizing all the facts and evidence on record, we have come to the conclusion that this complaint has merit in terms of deficiency in services of OP 2 and not returning the mobile to complainant amounts to unfair trade practice which resulted in mental agony and financial loss to complainant. Thus, we allow this complaint and pass the following order as under—

Order-

1. OP2 shall repair the defects and return the said mobile within 15 days from receiving the order failing to comply; OPs will jointly refund the cost of mobile with 9% interest till materialized.  
2. We also award compensation Rs 2000/- for deficiency in services of OPs. This will include the cost of litigation.   

The copy of this order to 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