Delhi

West Delhi

CC/15/263

GURMEET SINGH - Complainant(s)

Versus

SARNA COMMUNICATION - Opp.Party(s)

22 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    :24.4.15

 

Complaint Case. No 263/15                                                                       Date of order:22.10.16              

 

In the matter of

 

Gurmeet Singh,

House No.D-195,F-F, D Block,

Near Central School,

Tagore Garden Extn.,

New Delhi-27.                                                                                                         COMPLAINANT

 

VERSUS

 

Sarna Communication,

D-169, Shop No.4,

Jail Road, Fateh Nagar,

New Delhi-18.                                                                                                         OPPOSITE PARTY-1

 

Paladin System Pvt. Ltd.,

27/5, Ashok Nagar,

New Delhi-18.

Changed address:

Paladin System Pvt. Ltd.,

E-2, 2^nd Floor,

Sector 63, Noida.                                                                                                   OPPOSITE PARTY-2

 

Gionee Mobile (Syntech Technology Pvt. Lt.)

F-2, Block No.B-1, G.F.

Mohan Cooperative Industrial Estate,

Mathura Road, New Delhi-44.                                                                           OPPOSITE PARTY-3

 

Home Serve,

27/5 Ashok Nagar,

New Delhi-18.                                                                                                         OPPOSITE PARTY-4

 

ORDER

 

R.S. BAGRI, PRESIDENT

 

             The present complaint is filed u/s 12 of the Consumer Protection Act by Gurmeet Singh herein complainant against Sarna Communications & Ors.  

 

The brief relevant facts for the disposal of the present complaint are that the complainant purchased one mobile handset Gionee S 5.5 on 25.8.14 vide invoice No.1423 for sale consideration of Rs.23,300/-.  The complainant insured the mobile handset from Opposite Party-4 on the same day on advice of Opposite Party-1 by paying an amount of Rs.2090/- for two years vide Protection Plan No.23581.  The mobile handset developed some fault after one month.  The complainant informed Opposite Party-2 and same was picked up by themfor repairs .  They have neither repaired nor returned the mobile handset.  Hence, the present complaint for directions to the Opposite Parties to refund Rs.23,300/- cost of mobile handset, Rs.25,000/- as compensation for mental pain, agony and harassment and Rs.5,000/-as  litigation expenses.

 

            Notice of the complaint was sent to the Opposite Parties.  But none appeared on their behalf.  Therefore, the Opposite Parties 1 to 3 were proceeded against exparte vide order dated 29.1.16. The Opposite Party-4 was  proceeded exparte vide order dated 14.3.16. 

 

When the complainant  was asked to lead exparte evidence, he filed affidavit dated 14.7.16 and relied upon invoice dated 25.8.14, Protection Plan dated 25.8.14 and job sheet dated 8.4.15.  He has narrated facts of the complaint once again in the affidavit dated 24.7.16.  He deposed that the mobile handset was insured with Opposite Party-4 for two years and was within extended warranty when it was picked by  the Opposite Party-2 for repairs.  But the mobile handset is neither repaired nor returned till today. 

 

On perusal of the douments, it reveals that the complainant purchased one mobile handset Gionee S 5.5 on 25.8.14 vide invoice No.1423 for sale consideration of Rs.23,300/-.  The complainant insured the mobile handset from Opposite Party-4 on the same day by paying an amount of Rs.2090/- for two years for  extended warranty  vide Protection Plan dated 25.8.14    The mobile handset developed some fault  and same was picked up on 8.4.15 by Opposite Party-2 for repairs.  The mobile handset is not returned by Opposite Party-2 till today. 

 

            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 unrebutted and unchallenged affidavit of the complainant.  The complainant from affidavit dated 24.6.16, invoice dated 25.8.14 and job sheet dated 8.4.15  has been able to show that one mobile handset Gionee S 5.5  was purchased by him  on 25.8.14 vide invoice No.1423 for sale consideration of Rs.23,300/-.  The complainant on the  same day insured the mobile handset with Opposite Party-4 by paying an amount of RS.2090/- for two years. The mobile handset was picked up by Opposite Party-2 for repairs vide job sheet dated 8.4.15.    The Opposite Party-2  has neither repaired nor returned the mobile handset till today.  Therefore, there is negligence and deficiency in service on part of Opposite Parties-2 & 4.  The complainant is deprived of his right to use the mobile handset.  He has also suffered loss of mobile handset.  Therefore, Opposite Parties-2 & 4 are liable to pay Rs.23,300/- the cost of mobile handset and Rs.5,000/- as compensation for mental pain, agony and harassment and litigation expenses. 

 

            In the  light of above discussion and obervations, the complaint succeeds and is hereby allowed.  There is negligence and deficiency in service on the part of Opposite Parties 2 & 4. They are jointly and severely liable.  Therefore, we direct Opposite Parties 2 & 4 to pay a sum of Rs.23,300/- the cost of mobile handset alongwith interest at the rate of 9% per annum from filing of the complaint till actual realisaton. We also award compensation of RS.5,000/- for mental pain, agony and harassment and litigation expenses. 

 

Order pronounced on   :22.10.2016

·        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