Delhi

West Delhi

CC/15/757

Shekhar Paarijat Pathak - Complainant(s)

Versus

Perfect Services - Opp.Party(s)

09 Feb 2017

ORDER

     CONSUMER DISPUTES REDRESSAL FORUM (WEST)

                                        GOVERNMENT OF NCT OF DELHI

  150-151, Community Centre, C-Block, JanakPuri, New Delhi – 110058

 

                                                                                                      Date of institution: 30.10.2015

Complaint Case. No.757/15                                                             Date of order:  09.02.2017                 

IN  MATTER OF

Shekhar Paarijat Pathak, WZ-355A, Gali No.6, Sadh Nagar, Palam Colony, New Delhi-110045                                                                                                                                   Complainant

VERSUS

Perfect Services, R/o B-11, Jyoti Shikhar Tower, District Centre, Janakpuri, New Delhi-58                                                                                                                                                 Opposite party-1

 

Panasonic Mobile India Ltd., First floor, ABW Tower, Iffco Chowk, Sector-25, Gurgaon-122001                                                                                                                          Opposite party-2

 

Jaina Marketing and Associates, D-173, Okhla Phase-1, New Delhi-110020                                                                                                                                                                         Opposite party-3

 

 

ORDER

R.S. BAGRI,PRESIDENT

Brief relevant facts for disposal of the present complaint are that one mobile handset of make ‘’Panasonic P-31’’was purchased by the complainant for sale consideration of Rs. 10,000/- on 08.08.2014 from “Sony Tel”. The mobile handset developed fault within warranty. The complainant deposited the handset for repair to the opposite Party no.1 on 9.6.2015 vide job sheet no. KJASPDL146615P1620.The handset was sent by the opposite party no.1 to the opposite party no. 2 on 10.06.2015. The complainant deposited the handset with opposite party no. 2 vide job sheet no. NO31834-0515-16521245dated 08.05.2015 for repairs. The opposite party told that the handset will be repaired within 15 days. The handset was not repaired within the specified time. But after repeated communication and follow ups by complainant with the opposite parties, they asked him to

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collect the mobile handset. But the mobile handset was not repaired to the satisfaction of the complainant. The complainant refused to collect unrepaired handset. Thereafter complainant made several communications through emails to the opposite parties but to no effect. Complainant lodged complaint with National Consumer Helpline Portal on 24.07.2015. Where the opposite party no. 1 assured to resolve the grievance of complainant. But grievance of the complainant was not resolved. Hence the present complaint for directions to the opposite party to refund Rs. 10,000/- cost of mobile handset along with interest @ 18% per annum and pay Rs. 80,000/- as compensation for mental and physical harassment on account of deficiency in service and Rs. 5,000/- towards litigation expenses.

Notice of the complaint was sent to the opposite parties. But despite notice none appeared on behalf of opposite parties and were proceeded ex-parte vide order dated 05.05.2016.

 When the complainant was asked to lead evidence by way of affidavit, he filed affidavit in support of his case dated 28.07.2016 and relied upon copy of invoice dated 08.08.2014, job sheet dated 09.06.2015, copy of complaint lodged with national consumer helpline dated 24.07.2015 and copies of e-mails. The complainant in his affidavit once again reiterated his stand taken in the complaint.

We have heard complainant in person and have gone through material on record carefully and thoroughly.

From perusal of affidavit dated 28.07.2016 invoice dated 08.08.2014 and job sheet dated 09.06.2015 it reveals that the complainant has purchased one mobile handset of make “Panasonic P31” with IMEI No. 357232050703915, from “Sony Tel” vide invoice dated 08.08.2014. The mobile handset developed some fault and was given for repairs to opposite party no. 1 on 09.06.2015 within warranty. Despite several communications with the opposite parties grievance of the complainant is not resolved. Till today the mobile handset

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is neither repaired nor returned. The opposite parties no. 1 and 2 failed to repair the mobile handset. The opposite parties are negligent and there is deficiency in service on their part.

The version of the complainant has remained unrebutted and unchallenged. Therefore, there is no reason to disbelieve the unrebutted and unchallenged evidence produced by him.  The complainant from the affidavit, invoice and job sheet has been able to show that the complainant has purchased one mobile handset of make “Panasonic P31” with IMEI No. 357232050703915, from “Sony Tel” vide invoice dated 08.08.2014. The mobile handset developed some fault and was given for repairs to opposite party no. 1 within warranty.  The opposite parties no. 1 and 2 failed to repair the mobile handset. There is deficiency in service on the part of opposite party no.1 and 2. Therefore, we are of the opinion that after deducting depreciation of the mobile handset the complainant is entitled for Rs. 7,500 towards cost and loss of use of mobile handset and Rs. 2,000/- towards compensation for physical and mental harassment. They are jointly and severally liable to pay the compensation.   

In light of above discussion and observations the complaint partly succeeds. We direct opposite parties no. 1 and 2 to pay Rs. 7,500/- depreciated cost of mobile handset with interest @ 9% per annum from the date of filing of the complaint till actual realization of the amount and Rs. 2,000 as compensation and litigation expenses.

Order pronounced on : 09.02.2017

• Compliance of the order be made within 30 days after receipt of the order.
• Copy of order be sent to the concerned parties free of cost.
• Thereafter, file be  consigned to record.

 

 

 

(PUNEET LAMBA)                                    (URMILA GUPTA)                                        (R.S.  BAGRI)                       MEMBER                                                        MEMBER                                                   PRESIDENT