CONSUMER DISPUTES REDRESSAL FORUM – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)
New Delhi – 110 016
Case No.215/2009
SH. ASHUTOSH SHARMA,
S/O SH. M.P. SHARMA,
115/4 GAUTAM NAGAR,
NEW DLEHI-110049
…………. COMPLAINANT
VS.
- M/S SALORA INTERNATIONAL LIMITED,
D-13/4, OKHLA INDUSTRIAL AREA, PH-II,
NEW DELHI-110020
- M/S SONY ERICSSON,
BUILDING NO.-9A,
10TH FLOOR, DLF CYBER CITY,
SECTOR 25-A, GURGAON,
HARYANA-122002
………….. RESPONDENTS
Date of Order:11.01.2016
O R D E R
A.S. Yadav – President
The case of the complainant is that he purchased a Sony Ericsson Mobile set of black colour from OP-2 on 02.08.2008 from Subhiksha Mobiles, Yusuf Sarai, New Delhi by paying Rs.7,895/- which has warranty period of one year. From the very beginning, the mobile set started giving problem and it was given to authorized service centre of Soni Ericsson mobile phones for rectification of the defects. In order to rectify all the problems, the authorized service centre took twelve days and complainant had to part with his mobile which was the only and sole medium of his communication with his family and friends. Even thereafter the problem was not fully rectified. The handset was again given to OP-1 on 18.11.08, 27.12.08, 28.1.09 and 03.2.09 but the problem was not rectified, rather on 27.2.09 he was handed over a standby set which had problems of no network and proved to be of no use to the complainant. Ultimately on 05.3.09, complainant was asked to collect the replaced set. The new replaced set was different in colour(purple) but complainant could not accept a purple colour set as a purple colour set with a black colour back cover does not look good and the same not acceptable. OP-1 assured the complainant to check for a black colour set availability and stated that it will inform the complainant as and when the same is available. It is stated that till date the mobile set lies with OP-1 and there is no communication from OP-1 and the complainant was forced to purchase a new mobile set.
It is prayed that OP be directed to replace the mobile set with a new mobile set of same price value or refund the amount of Rs.7895/- alonwith compensation of Rs.50,000/-.
OP-1 in the reply has not disputed the fact that the mobile set was brought to them number of times for rectification of the problem. In fact the problem was not rectified that is why a new replaced mobile set of purple colour was offered but that was not acceptable to the complainant as his mobile set was of black colour.
Initially the complaint was filed against OP-1 and OP-2 was impleaded vide order dated 31.01.13. OP-2 in reply took the plea that replacement was offered for a new mobile set but the same was not acceptable to him. It is further stated that they offered refund of Rs.7,895/- but the same also not acceptable to the complainant.
We have heard Ld. Counsel for parties and carefully perused the records.
Even during the course of arguments, Ld. counsel for OP has offered to return the amount of the mobile set but the same was not acceptale to the complainant as it was submitted that he has suffered a lot on account of defective mobile set. It is admitted fact that the mobile set was purchased on 02.8.08 and the same was given to the authorized service centre number of times for rectification of the problem but the problem was not rectified. It is also admitted fact that on 05.3.09 complainant was offered new mobile set but the same was not acceptable to him because it was of purple colour. The complainant was also offered the price of the mobile set but the same was not acceptable to him as he has suffered a lot of inconvenience. Complainant has asked for a mobile set of black colour since he has purchased a mobile set of black colour, he should have been given the mobile set of black colour. But unfortunately he was offered a mobile set of purple colour. This offer was made on 05.3.09 whereas the present complaint was filed on 25.3.09, by that time OP could not give a mobile set of black colour to the complainant. It is a fact that inconvenience has been caused to the complainant for no fault of his. It is clear cut case of deficiency in service on the part of OP.
OP-2 is directed to refund to complainant Rs.7,895/- alongwith interest @ 9% p.a. from 01.4.09 as well as Rs.5,000/- for compensation and Rs.3,000/- towards litigation expenses.
Let the order be complied with within one month of the receipt thereof. The complaint stands disposed of accordingly.
Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.
(D.R. TAMTA) (A.S. YADAV)
MEMBER PRESIDENT
