Delhi

East Delhi

CC/161/2015

ROBIN AGAARWAL - Complainant(s)

Versus

PURPLE MOBILE - Opp.Party(s)

10 Oct 2017

ORDER

                       CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

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

                                                                                                  Consumer complaint no.         161 /2015

                                                                                                  Date of Institution                  10/03/2015

                                                                                                  Order Reserved on                 10/10/2017

                                                                                                  Date of Order                          11/10/2017  In matter of

Mr Robin Agarwal, adult   

R/0 – C-51, DDA Colony 

West Gorakh Park, Shahdara, Delhi 110032 ….……..…………….Complainant

                                                                  

                                                                     Vs

1 M/s Cell Well Communication     

a-117, Main Vikas Marg, opp. Metro Pillor no. 35,

Laxmi Nagar, Delhi 110092

 

2 Purple Mobile,     

D-61, Sec. 63,   

Noida, UP………………………………………………………..…………..……….Opponents

 

Quorum          Sh Sukhdev Singh      President

                         Dr P N Tiwari               Member                                                                                                    

                       

Order by Dr P N Tiwari  Member 

 

Brief Facts of the case                                    

Complainant purchased Sony X Peria mobile from Cell Well Communications / OP1 on 13/04/2014 having IMEI no. 355666055548860 vide invoice no. 4908 for a sum of Rs 27,600/-   (Ex CW1/1) and at the same time mobile got insured from OP2 / Purple Mobile for paying a sum of Rs 2760/- for two years from 13/04/2014 to 12/04/2015 vide Purple ID no. 396226. The said mobile had been insured by OP2 for liquid and physical damage for two years and theft and total loss for fifteen years (Ex CW1/2).

The said mobile screen got damaged for which complainant gave to OP2 for replacing as per the warranty vide job card no. 3618 on 29/10/2014 (Ex CW1/3), but complainant did not get the mobile screen replaced or returned the mobile so complainant sent request letter to OPs on 18/12/2014 and again on 23/01/2015, but did not get any reply, so filed this complaint claiming for return of repaired mobile or refund of the cost of the mobile a sum of Rs 27600/- with compensation of sum of Rs 20,000/-  and Rs 2000/- as litigation charges.  

 

Notices were issued to the OPs. Despite of receiving notices, neither OP 1 nor 2 put their appearances or submitted their written statement. Hence, case was preceded Ex Parte against OPs. Complainant submitted Ex Parte evidences on affidavit where he affirmed on oath that all the contents and evidences were true and correct.

Even on the date of arguments, OPs did not put their appearance for arguments after giving ample opportunity so arguments were heard from complainant and file was perused and order was reserved.  

 

We have gone through all the facts and evidences on record of complainant as evidences on affidavit were not controverted, so evidences were accepted. It is evident that OP2 was deficient in services under insured tenure of two years for providing services as per terms and conditions for damages, but has not rectified the defect/replaced the broken screen nor returned the mobile to the complainant. As OP1 was seller so there was no liability found against OP1.

 

Thus we come to the conclusion that this complaint has merit and we pass the following order as under—

1. OP2/Purple Mobile is directed to get the said mobile repaired free of cost in 15 days from the date of receiving of this order and shall hand over in good working condition in time period.
2. OP2 shall extend the warranty for six months from the date of handing over of repaired mobile.
3. We also award compensation of sum of Rs 10,000/-to be paid by OP2 for mental and physical harassment caused due to their deficiency in services. This will include litigation charges also.

 

1. If order is not complied in the time essence, complainant shall be entitled to recover entire awarded amount with 9% interest from the date of filing of this complaint till realized.     

The copy of this order be sent to the parties as per the Regulation 18 of the Consumer Protection Regulation and file be consigned to the Record Room under regulation 20(1) of the Consumer Protection Regulation 2005.

 

(Dr) P N Tiwari                                                                                             Sukhdev Singh

      Member                                                                                                      President