Delhi

East Delhi

CC/464/2016

GHANSHYAM SHARMA - Complainant(s)

Versus

SATIA STORES - Opp.Party(s)

20 Nov 2017

ORDER

                 DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

                  CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                  

                                                                                                  Consumer complaint no.     464/2016

                                                                                                  Date of Institution             05/09/2016

                                                                                                  Order Reserved on            20/11/2017

                                                                                                  Date of Order                     21/11/2017  

                                                                                                       

In matter of

Mr. Ghan Shyam Sharma, adult    

R/o-HN- 14, Gali No. 1, 

Brahmpuri, Delhi 110053………………………………....………..…………….Complainant

                                                                    Vs

1-M/s Setia Stores 

P-3/2429, Main Road,

Bihari Colony, Shahdara, Delhi 110032

 

2-M/s Gioni Smartcare   

Office –A-118, st Floor,  

Nr Laxmi Nagar Metro Station,

Vikas Marg, Delhi 110092

 

3-M/s Sintech Pvt Ltd.

E 9, Block 1, GF,  

Mohan Coop. Industrial area,

Mathura Road, New Delhi 110044………………………………………….Opponent

 

 

Quorum  -      Sh Sukhdev Singh-     President

                         Dr P N Tiwari -            Member                                                                                                   

                         Mrs Harpreet Kaur-   Member

 

 

Order by Dr P N Tiwari, Member 

 

Brief Facts of the case                                                                                                

 

Complainant purchased a Gioni mobile vide model no. M 5 Lite for a sum of Rs 12999/- from OP1on05/03/2016 vide bill no. 8222 (Ex CW1/1). The said mobile had very low sound, so complainant took his mobile to OP1 for getting repaired by OP2 which was returned after repair by service centre/OP2.

The said mobile again got same sound problem, so was taken to OP2 who prepared job sheet no. 552 (Ex. CW1/2) and told to come after he would get the call from OP2. It was stated that after 18 days, the said mobile was returned. Again the said mobile got same problem and was again taken to OP2 (Ex CW1/3, 4 &5).

Complainant stated that he took his mobile number of times to OP2, but it was not repaired properly and for getting his mobile repaired and not working properly, he was much harassed by OP2. He demanded replacement or refund from OP1, but no satisfactory reply was ever given by OPs. So he filed this complaint claiming refund of cost of the mobile Rs 12999/- with compensation Rs 10,000/- for physical harassment.

After perusing the complaint, notices were issued. All the notices were served as per the Postal tracking report. When none of OPs put their appearance, were preceded Ex Parte. Complainant filed his Ex-Parte evidence on affidavit.

 

Arguments were heard. Order was reserved 

We have gone through all the evidences filed on affidavit of himself and affirmed on oath that as all the facts and evidences were on record and were correct and true, we come to the conclusion that notices were duly served to OPs and none put up their appearance nor appeared on the date of arguments.  

It was evident from the job sheets of OP2, that the said mobile had developed problem under warranty tenure and neither repaired nor the sound system or replaced by OP2. This clearly proved the negligence and deficiency in the services of OP2. 

 

Hence, taking the case on merit based on Ex Parte evidences, as non controverted, we allow this complaint and pass the following order as under-  

OP2 is directed to repair the said the mobile and hand over to complainant in good working condition within 30 days from receiving this order and OP3 will extend one year warranty on the said mobile. Failing to act as per order, OP2 and 3 will refund the cost of the mobile from 27/07/2016 (last job sheet under warranty) with 9% interest till realized.

We also award compensation a sum of Rs 2000/- for harassment caused to complainant due to the deficiency in services of OP2 and litigation charges Rs 1000/-. If order is not complied within the stipulated time, the entire awarded amount shall carry the same interest till realized.

 

The order copy be sent to the parties as per Section 18 of the Consumer Protection Regulation, 2005 (in short CPR) and file be consigned to the Record Room under section 20(1) of the CPR.

 

 (Dr) P N Tiwari, Member                                                                   Mrs Harpreet Kaur, Member                                                                            

                                      

                                        Shri Sukhdev Singh, President