Delhi

West Delhi

CC/14/660

Ritu - Complainant(s)

Versus

Sahil Telecom - Opp.Party(s)

13 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           :9.10.14

Complaint Case. No 660/14                                                                        Date of order           13.10.16              

In the matter of

Ritu ,

Flat No.A-18,NDMC Housing Society,

Vikas Puri, New Delhi18.                                                                                                        COMPLAINANT

 

Versus

 

Sahil Telecom

Shop No.126, MCD Market,

Karol Bagh, New Delhi-05.                                                                                          OPPOSITE PARTY-1

Harkishan Galary & Service,

(HTC Service Center),

UG-26, Suneja Tower-2,

District Center, Janak Puri,

New Delhi-110058.                                                                                                                 OPPOSITE PARTY-2

 

HTC India Pvt. Ltd.,

G-4, BPTP Park Avenue,

Gurgaon, Sector-30,                                                                                                                OPPOSITE PARTY-3

 

ORDER

R.S. BAGRI, PRESIDENT

            The present complaint  is filed by Ms Ritu, herein complainant, against Sahil Telecom & Ors u/s 12 of the  C.P.A.-1986. 

 

The brief relevant facts for the disposal of the complaint are that one mobile handset HTC Desire 500 was purchased by the complainant on  21.3.14 from Opposite Party-1 vide invoice No.11254 for sale consideration of Rs.16,700/-.  The mobile handset developed fault on 2.7.14 and was deposited with the Opposite Party-2 for repairs.   They told the complainant to collect the repaired mobile handset after 10-12 days.  They also  issued a job sheet.  The complainant on 10.7.14 collected the repaired handset, On the  same day she  deposited the adaptor with Opposite Party-2 as the same was not working. The adaptor was also repaired and returned to the complainant.  Again on 23.9.14, data cable and handfree of the mobile

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handset developed fault and same was deposited with Opposite Party-2 within warranty.    The Opposite Party-2 issued job sheet No.DEL0270002521.  The mobile handset of the complainant also  switched off and developed fault.  She again went to Opposite Party-2 to deposit the mobile handset.  But they refused  to deposit it.   The data cable and handfree are not  repaired  and returned till date.   Hence the present complaint for directions to Opposite Parties to replace mobile handset, handfree and data cable  in alternative to refund the cost of mobile handset alongwith compensation for mental pain, agony and harassment.

 

            Notice of the complaint was sent to the Opposite Parties.  But none appeared on their behalf.   Therefore, the Opposite Parties were proceeded against exparte vide order dated 18.12.15. 

When the complainant was asked to lead exparte evidence, she filed affidavit dated 9.6.16 and relied upon invoice dated 21.3.14 and  job sheets dated 10.7.14  and 23.9.14.  She has narrated the facts of the complaint in the affidavit.  She deposed that handfree and data cable of mobile handset developed fault and was deposited with the Opposite Party-2 for repairs within warranty .  The same is not returned till date. The mobile handset also developed some fault.  When she went to Opposite Party-2 to deposit the handset for repairs, they refused to take the handset for repairs.    

On perusal of the documents, it reveals that  the complainant purchased one mobile handset on 21.3.14 from Opposite Party-1 for sale consideration of Rs.16700/-.  The make of the phone is HTC Desire 500.  Handfree and data cable of the mobile handset developed fault and was deposited on 10.7.14 with Opposite Party-2 for repairs within warranty. 

 

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

 

The version of the complainant has remained unrebutted and unchallenged.  Therefore, there is no reason to disbelieve the unrebuted and unchallenged evidence  of complainant.   The complainant from the  affidavit, invoice and job sheets has been able to show that one mobile handset of make HTC Desire 500 was purchased from Opposite Party-1 vide invoice dated 21.3.14 for a sum of Rs.16,700/-.   Data cable and handfree of the mobile handset developed some fault  and was deposited with Opposite Party-2 for repairs

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on 10.7.14 within warranty. The mobile handset also developed some fault.  When she went to Opposite Party-2 to deposit the handset for repairs, they refused to take the handset for repairs.      The same is not repaired and returned  till date.   Therefore, there is negligence and deficiency in service on part of Opposite Party-2.   The complainant  is deprived of her right to use the mobile handset. 

Therefore, the complainant is entitled for refund of the cost of the mobile handset and is also entitled for compensation of Rs.2000/- on account of mental pain, agony and harassment. 

 

            In the light of above discussion and observations, the complaint succeeds and is hereby allowed.  There is negligence and efficiency in service on part of Opposite Party-2.  Therefore, we direct Opposite Party-2 to pay amount of RS.16,700/- cost of mobile handset and RS.2,000/- on account of mental pain, agony and harassment.

 

Order pronounced on   : 13.10.2016

 

·        Compliance of the order be made within the 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