Delhi

East Delhi

CC/886/2015

upendra kuamr - Complainant(s)

Versus

SANJANA ELEC. - Opp.Party(s)

03 Jul 2018

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. NO.886/15

UPENDRA KUMAR

S/O SH. CHARITRA THAKUR

R/O H.NO. C-3/153, GALI NO. 30

HARSH VIHAR, DELHI 110093

OFF. AT: F-610, KARKARDOOMA COURTS

SHAHDARA, DELHI-110032

•  
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M/S SANJANA ELECTRONICS

OFFICE AT: A-95, A BLOCK, GALI NO.6

MAIN 25 FOOTA ROAD, NEAR BABU SINGH AARYA TOWER

GAGAN VIHAR, BHOPURA, GHAZIABAD, U.P.

ALSO AT.

HOUSE NO. 77, C-BLOCK, GALI NO.4

HARSH VIHAR-ii, NEAR SHAKUNTALA PUBLIC SCHOOL BHOPURA,

GHAZIABAD, U.P.

                                                                                                                                      ….Opponent

 

Date of Institution: 26.11.2015

Judgment Reserved for: 03.07.2018

Judgment Passed on: 12.07.2018

 

CORUM:

Sh. SUKHDEV SINGH                  (PRESIDENT)

Dr. P.N. TIWARI                          (MEMBER

Ms. HARPREET KAUR CHARYA (MEMBER)

 

ORDER BY: HARPREET KAUR CHARYA (MEMBER)

JUDGEMENT

1. The present complaint has been filed by Shri Upendra Kumar against M/S Sanjana Electronics, through its Proprietor Vivek @ Shiva with the allegations of deficiency in services.
2. The facts of the present complaint are that the complainant is practicing advocate who availed the services of OP, for installation of Dish T.V. Antenna at his residence on 07.11.2015 by paying Rs.500/-. It has been stated that the complainant was assured by OP regarding services and gave warranty/guaranty for two months. It has been further stated that on the same day the Dish T.V. Antina installed by OP was not functioning properly, for which various calls were made to the OP. The OP assured the complainant that his grievance would be attended soon but despite, several telephonic calls from 07/11/2015 to 21.11.2015, OP failed to rectify the defective installation. The complainant has further stated that on 21.11.2015, the OP refused to provide services as promised on 07.11.2015. Thus, the present complaint seeking directions to OP to install or fix the Dish T.V. Antenna properly, Rs.90,000/- as compensation for mental harassment and Rs. 10,000/- for litigation expenses.

The complainant has annexed a typed copy of the conversation between the Complainant and OP.

3. OP appeared upon the notice of the present complainant but failed to file the written statement despite several opportunities, and subsequently stopped appearing. Hence, was proceeded ex-parte on 07.01.2018.
4. Ex-parte evidence by way of affidavit was filed by the complainant, who deposed on oath the contents of the complaint. 
5. We have perused the material placed on record. The complainant has alleged that OP was deficient in providing the services, as he had failed to rectify the defective installation of Dish TV. To support his allegations the complainant has placed only typed copy of telephonic conversation with OP, which is not supported by recorded conversation. Once the OP has failed to file his defence, the onus is on the complainant to prove his case, but in the present complaint, the complainant has not filed any report to show that installation done by OP was faulty. Hence, the present complaint is dismissed being devoid of merits without order to cost.

Copy of this order be sent to both the parties as per law.

 

 

(Dr. P.N. TIWARI)                                                                    (HARPREET KAUR CHARYA)              

      MEMBER                                                                                              MEMBER

 

 

                                                 (SUKHDEV SINGH)

                                                     PRESIDENT