DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi
CONVENIENT SHOPPING CENTRE, 1st FLOOR, SAINI ENCLAVE, DELHI 110092
Consumer complaint no. 708/2014
Date of Institution 06/08/2014
Order Reserved on 01/09/2016
Date of Order 02/09/2016
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 Selisima Technology Pvt Ltd.
Office –NE-4/21, FF,
Krishna Nagar, Delhi 110051
3-M/s Samsung India Electronics Pvt Ltd.
B-1, Sec 81, Phase II,
Noida, Gautam Budh Nagar, UP
4-M/s Samsung Customers care satisfaction,
2nd Floor, Tower C,
Vipul tech square, Sec 43,
Golfcourse Road, Gurgaon, Haryana 122002……………………… Opponents
Complainant -In person
Opponents -Ex Parte
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 Samsung mobile vide model no. 7582 for a sum of Rs 9990/- from OP1. By the next third day, the said mobile had very low sound and stopped. So complainant took the mobile to OP2 for repair. But OP2 told that it will be replaced by OP# as the mobile was three days old. Later OP2 gave a job sheet and told that that the mobile would be repaired and returned after few days till he could use their old mobile for his work.
Complainant stated that he took his mobile number of times to OP2, but it was not repaired properly and for getting his mobile repair 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.
After perusing the complaint, notices were issued. All the notices were served as per the Postal tracking report. So OPs 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 as cash invoice of OP 1 vide Exh. CW1/A, job sheet as CW1/B & C. Legal notice given by complainant as Exh. CW1/D &D. He had also annexed postal tracking reports vide Exh. CW1/Fi&ii. We come to the conclusion that notices were duly served to OPs and none put up their appearance nor submitted their written statement or any evidence.
This clearly proved the negligence and deficiency in the services of OP1,2&3. This also proves that OPs have no regard to abide the legal procedures instituted against them.
Hence, taking the case on merit based on evidences, we allow the complaint and pass the following order.
OP2 is directed to repair the mobile and hand over to complainant in good working condition within 30 days from receiving this order. OP 1 will extend one year warranty on the said mobile. Failing to act as per order, OPs will refund the cost of the mobile 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 a litigation charges Rs 1000/-. If the 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 rules and file be consigned to the record room.
Mrs -Harpreet Kaur- Member (Dr) P N Tiwari - Member
Shri Sukhdev Singh - President
