Delhi

North East

CC/378/2014

Vijay Kr. - Complainant(s)

Versus

R.V. Solutions Pvt. Ltd. - Opp.Party(s)

18 May 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.378/14

In the matter of:

 

		Mr. Vijay Kumar, House No. 208, A Block Part-2, Gali No. 4C 1st Pusta, Sonia Vihar, New Delhi-110094.		Complainant
		Versus
	1             2	The Manager R V Solutions Pvt. Ltd Gurukul Technology For Mobile, F-671, Near Bank of Baroda, Opposite Bhajanpura Bus Stand, Khajuri Khas, Delhi-110094.   The Managing Director IBERRY INDIA Building No.4,2nd Lane Beach Chennai-600 001.		Opposite Parties
			DATE OF INSTITUTION:		18.09.2014
			DATE OF DECISION      :		18.05.2017

Nishat Ahmad Alvi, Member:-

 

ORDER

 

1. As per complaint complainant purchased a mobile of OP2 make Model iberry Auxus Xenea-X1 bearing IMEI No. (357487030262511 and 357487030262529) vide receipt No. 36205221511 from an online portal Ebay on 22-4-2014 against online payment of Rs. 8,990/- (Rupees Eight Thousand Nine Hundred Ninety Only). On receipt of the phone, complainant found that its camera was defective. On complaint to OP2, complainant was directed to contact its service centre issuing complaint ticket number 720612. Accordingly, on 5-5-2014 complainant visited the service centre - OP1 and submitted the hand set there against work order number RVSRN1406GTM00038. On 19-5-2014 OP1 delivered the product back but complainant found that the defect in the mobile was still the same and the problem was not resolved. Again complainant contacted the support team of OP2 who asked to send the snapshot of images. Complainant send the same but OP2 rejected the images by stating that those sent was not taken from the camera of the particular mobile. Later on Audio jack of the mobile also stopped working. Complainant notified the same to OP1 by updating the ticket number on the website of OP. After several follow ups and e-mails and calls again OP2 deposited his phone on 18-6-2014. Now even after passing 3 months, after deposit of hand set, the same has yet not been delivered to him, after repairs. Executive of OP1 are very unsympathetic and unhelpful even request to the executive of OPs to replace the defective hand set was met with unsatisfactory response.
2. On 24-7-2014 a 10 days notice, to OPs, requiring either to rectify the problem or replace the hand set, was sent but with no response. Thereafter, a number of e-mails to OPs also went in vain. Even letter dated 28-8-2014 met with no response from OPs. Pleading no positive response harassment and deficiency in service on the part of OPs complainant has prayed for grant of directions to OPs to refund entire cost of mobile being Rs. 8,990/- (Rupees Eight Thousand Nine Hundred Ninety Only) alongwith compensation Rs. 5,000/- and Rs. 1,000/- litigation cost. Besides complainant has also prayed for grant of direction to the OPs for apologizing for all the inconvenience caused to the complainant.
3. Notice to OP1, sent dasti, was duly received but nobody appeared on its behalf even after providing two opportunities on 6-1-2015 and 16-2-2015. Consequently on 16-2-2015 OP1 was proceeded against Ex-parte. Notice to OP2 was also served on 5-4-2017 who too did not appear even after providing two opportunities. Hence OP2 was also proceeded against Ex-parte.
4. Complainant filed his Ex-parte evidence by way of affidavit alongwith relevant documents.
5. Heard the complainant and perused the record.
6. Invoice Ticket No., work order No and JObsheet placed on record establish that the mobile hand set was sold by OP2 to the complainant on 22-4-2014. There was defect in camera of the mobile just after receiving the same. Immediately complaint whereof was lodged which is duly acknowledged by OP2, by issuing complaint ticket No. 720612 and mobile was deposited for repairs on 5-5-2014. Though there is no jobsheet of that date but No. of work order as RVSRN1406GTM00038 is on record. However, we find copy of a jobsheet generated by OP1 on 18-6-2014 showing camera problem is on record. Thereafter continuous correspondence through e-mails between complainant and OP2 shows that since January 2015 OP2 is acknowledging the complaint in the mobile and vide so many e-mails dated 7 January, 8 January, 10 January, 13 January and 11 February OP2 and it has been offering replacement of the defective mobile with brand new one. We also find on record an e-mail sent by some Mr. Samar Khan officials of OP1 dated 22-12-2014, stating to receive legal notice from OP2 for service of this mobile. Copy whereof was also sent to the complainant. Certain e-mails sent by the complainant to OP2 state that after failure of OP1 to rectify the defect in camera complainant has continuously been requesting the OPs to either rectify the mobile or replace the same but for more than about 6 months OPs did not respond and it was only after much persuasion and pressure that OP2 agreed to replace the mobile. Till then complainant was so disheartened with the product of OPs that he did not agree for the same but sought refund, which OP2 declined.
7. On the basis of above findings in our view complainant has very successfully established his case. While OPs inspite of service of notice beside knowledge of the complaint in this forum chose not to appear and contest the complaint, in this forum. Consequently all the evidence led by the complainant remains uncontroverted, hence deemed to be proved.
8. Therefore, in our considered view, OP2 has not only sold a defective mobile to the complainant but also that both the OPs are deficient in service for rectifying the problem in mobile. Thus holding guilty, to OP2 for selling defective mobile, and to both the OPs for deficiency in service we direct:-

1. To OP2 to refund cost of the mobile i.e. Rs. 8,990/- (Rupees Eight Thousand Nine Hundred Ninety Only) with interest thereon @ 12% p.a. from it payment i.e. 22-4-2014 till final payment; and
2. To both the OPs to pay compensation of Rs. 5,000/- alongwith litigation cost of Rs. 2,000/- jointly and severally,

to the complainant. 

        

9. This order shall be complied within 30 days on the receipt of this order failing which the awarded amount shall carry interest thereon @ 15% p.a. till final realization.
10. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
11. File be consigned to record room.

(Announced on  18-05-2017)       

 

(N.K. Sharma) President

(Nishat Ahmad Alvi) Member