Delhi

West Delhi

CC/15/759

B.N.TIWARI - Complainant(s)

Versus

RAKESH ELECTRONICS - Opp.Party(s)

20 Oct 2016

ORDER

CONSUMER DISPUTES REDRESSAL FORUM (WEST)

GOVERNMENT OF NCT OF DELHI

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

 

                                                                                     Date of institution    :3.11.15

 

Complaint Case. No 759/15                                                                       Date of order:20.10.16              

 

In the matter of

 

B.N. Tiwari,

B-3/42,2^nd Floor,

Vashisht Park,West Sagar Pur,

New Delhi-46.                                                                                                         COMPLAINANT

 

VERSUS

 

Rakesh Electronics & Mobile Center,

RZ-80, Gali No.5,

West Sagarpur,

New Delhi-46.                                                                                                   OPPOSITE PARTY-1

Spice Retail Ltd.,

Authorised Service Center,

ND Traders,

B-11,Jyoti Shikhar Building,

District Center,Janak Puri

New Delhi-58.                                                                                                         OPPOSITE PARTY-2

2

Spice Jet Ltd.,

S Global Knowledge Park,

19A &19B, Sector 125,

Noida-201301 U.P.                                                                                                           OPPOSITE PARTY-3

 

ORDER

 

R.S. BAGRI, PRESIDENT

 

            Briefly the facts of the present complaint are that the complainant purchased one mobile handset of make Spice Steller 511 from Rakesh Electonics & Mobile Center, Opposite Party-1 on 1.6.15 for sale consideration of Rs.6,000/-.  The mobile handset developed some fault and same was deposited on 27.6.15 with Spice Service Center, Opposite Party-2 vide job sheet No.30101456F60828 within warranty.  They repaired and returned the mobile handset on the same day.  On 1.8.15 the mobile handset was deposited with Opposite Party-2 for repairs within warranty, vide job sheet No.30101456F80020.   The complainant  after 15 days went to Opposite Party-2 to collect his mobile handset.  The handset was repaired delivered to the complainant.    But on  18.9.15 the mobile handset again developed fault.  The Opposite Party-2 was informed about the same and the complainant again  deposited the mobile handset wih Opposite Party-2  on 21.9.15  vide job sheet 30101456F90701 within warranty.  The complainant after one month collected his repaired mobile handset.  But the same again  developed fault within one day and on 26.10.15  the mobile handset was deposited for repairs within warranty with Opposite Party-2 vide job sheet No.30101456FA0646.   The complainant  many times inquired about the status of the mobile handset.  But the mobile handset is neither repaired or returned by Opposite Party-2 till today.  Hence, the present complaint for directions to the Opposite Parties to refund sum of Rs.6000/- cost of mobile handset alongwith Rs.10,000/- as compensation for mental pain, agony and harassment and litigation expenses.

 

 

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            Notice of the complaint was sent to the Opposite Parties.  None appeared on behalf of the  Opposite Parties despite service.  Therefore, they were proceeded against exparte vide order dated  23.3.16. 

 

            When the complainant  was asked to lead evidence by way of affidavit, he filed affidavit dated 7.7.16  and relied upon copy of  invoice dated 1.6.15  and copy of job sheet dated 26.10.15.  He reiterated the stand taken by him in the complaint, asserting that the mobile handset developed fault and was given to Opposite Party-2 for repairs within warranty.  But till today the mobile handset neither repaired nor returned by the Opposite Parties.

 

            From the perusal of the invoice dated 1.6.15, reports of job sheets  and job sheet dated 26.10.15 it reveals that the complainant purchased one mobile handset Spice Steller 511 for sale consideration of Rs.6000/- on 1.6.15.  The mobile handset developed some fault and was given to Opposite Party-2  for repairs on 26.10.15.  However, the same is not returned till today. 

 

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

            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 unrebutted affidavit, invoice and  job sheet has been able to show that on 1.6.15 he purchased one mobile handset Spice Steller 511 from Opposite Party-1 for sale consideration of Rs.6,000/-.  The mobile handset developed fault and was  given for repairs to Opposite Party-2 within warranty.   But the Opposite Party-2 failed to repair and return the mobile handset till today.   The complainant  has suffered loss of mobile handset and is also deprived of his valueable right to use the mobile handset .  Therefore, there is negligence and deficiency in service on the part of Opposite Party-2.  

 

            In the light of above discussion and observations, the complaint succeeds and is hereby allowed.   The Opposite Party-2 is directed to pay Rs.6,000/- cost of mobile handset with interest at the rate of 9% per annum from the date of filing of the complaint till actual

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realization of the amount.   The Opposite Party-2 is also directed to pay Rs.1,000/- as compensation for mental pain, agony , harassment and litigation expenses.

 

Order pronounced on   :20.10.2016

·        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