O R D E R
Subhash Gupta, Member
The complainant has filed the present complaint against O.Ps under section 12 of the Consumer Protection Act, 1986. The brief facts as alleged in the complaint are that complainant on 20.11.2013 purchased a mobile phone Model Byond-B67 for a sum of Rs.6,500/- with Touch Screen. At the time of purchase O.P-2 gave 2 years warranty. It is further alleged that the O.P did not issue the original bill and promised to issue the same later. It is further alleged that the complainant continuously insisted for the original bill several times but the O.P on one pretext or the other did not deliver the original cash receipt. In the first week of January 2014 the said mobile phone stopped functioning properly and after inserting the Sim Card it went off completely. The complainant approached the O.Ps number of times but the original bill was not issued and neither address of the authorized service center was provided to him. It is alleged that through internet he found and visited the service center on 21.02.2014 at M/s Jagdish Electronics, Pachim Vihar, New Delhi who demanded the original bill. The service agency refused to accept the mobile phone for repairs without the original bill. The complainant vide the present complaint is claiming an amount of Rs.1,00,000/- as compensation towards financial loss, mental torture, pain, agony and Rs.25,000/- towards litigation charges.
2. Notice of the complaint was issued to both the O.Ps who have filed their reply. In the reply the O.Ps has pleaded that the present complaint has been filed with a view to harass and humiliate the O.Ps and to extract money from them. The O.Ps have denied the sale of mobile phone to the complainant. It has also been pleaded by the O.Ps that there is no privity of contract between the O.Ps and the complainant. The O.Ps has refuted all the averments made in the complaint as false and concocted and prayed for dismissal of the complaint.
3. The complainant as well as the O.Ps have filed their affidavit in evidence testifying all the facts as alleged in the complaint as well as written statement. The complainant has filed the copy of legal notice issued to O.Ps. The complainant has also filed copy of visiting card purportedly of the O.Ps.
4. We have gone through the pleadings of the parties and have also perused the documents filed by the complainant. The only documents on which the complainant is relying upon is a visiting card purported to be of the O.Ps. Neither any amount received for sale of the mobile handset nor any IMEI number has been mentioned in it. The complainant has also filed the telephone bill of his telephone number which does not connect the sale of the mobile handset by the O.Ps. As there is no privity of contract between the complainant and the O.Ps no liability can be fastened on the O.Ps. In this view of the matter the complainant has failed to prove any deficiency in service on the part of the O.Ps. The complaint is, therefore, dismissed.
Copy of this order be sent to the parties as per rules.
Announced this 09th day of May, 2016.
(K.S. MOHI) (SUBHASH GUPTA) (SHAHINA)
President Member Member
