DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 1637/2015
D.No.____________________ Dated: _________________
IN THE MATTER OF:
BALBIR SINGH S/o LATE SH. RAM SINGH,
R/o H. No.-111, PITAM PURA VILLAGE,
PITAM PURA, DELHI-110034. … COMPLAINANT
Versus
1. SHRI BALAJI COMMUNICATION,
10-D, VIKAS SURYA MALL,
MANGLAM PLACE, NEAR M2K, SEC.-3,
ROHINI, DELHI-110085.
2. MICROMAX MOBILE,
MICORMAX HOUSE 697,
UDYOG VIHAR, PHASE-V
GURUGRAM, HARYANA. … OPPOSITE PARTY (IES)
CORAM: SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 15.12.2015 Date of decision: 13.02.2020
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against OPs under Section 12 of the Consumer Protection Act, 1986 thereby alleging that on 22.06.2015, the complainant went to the shop of OP-1 for purchasing a new mobile handset and accordingly the shopkeeper suggested to the complainant for purchasing the mobile handset of
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Micromax E-471 by disclosing some new advanced features and believing upon the words of OP-1, the complainant purchased the Micromax E-471 mobile handset vide IMEI No. 922409300255982 & 911409300355980 for a sum of Rs.16,000/- vide cash invoice no. 316 dated 22.06.2015 with one year warrantee. After purchasing the said mobile handset, the complainant plugged into the mobile handset for charging and the complainant found that the display of the mobile handset was cracked and to remove the said problem on 26.11.2015 the complainant contacted to the service centre of OP-2 and official of the service centre said that the services is higher model online and gave a toll-free no. 18605008286. Thereafter, the complainant contacted to OP-2 on said toll-free no. and requested to OP-2 to remove the said problem and accordingly OP-2 sent one of his worker to receive the said faulty mobile handset from the complainant but there is no proper response from OP-2. The complainant further alleged that the complainant again approached to OP-2 and the official of OP-2 said that send photographs of the mobile handset at e-mail and after the complainant sent an e-mail to OP-2 and after sending the mail, the official of OP-2 assured the complainant the problem will be rectified within 48 hours. Thereafter, the complainant many times contacted to the official of OP-2 and requested to rectify the problem but all the requests of the complainant were fallen in deaf ears and there is unfair trade
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practice and deficiency in service on the part of OPs.
2. On these allegations the complainant has filed the complaint praying for direction to OPs to refund the invoice amount i.e. Rs.16,000/- alongwith interest which was paid by the complainant towards the purchase of the said mobile handset as well as compensation of Rs.50,000/- for causing him mental agony and harassment and also sought Rs.1,100/- towards cost of litigation.
3. Only OP-2 has been contesting the case and filed its written statement and submitted that OP-2 never denied to provide its after sale services to the complainant as assured under the terms of the warrantee and still ready to provide the same subject to the terms of the warrantee. OP-2 further submitted that the complainant purchased the mobile handset on 22.06.2015, the complainant mailed and admitted that the display is crack and again on 09.03.2016, the complainant visited the authorized service centre of OP-2 and the authorized service centre of OP-2 accepted the mobile handset as out of warrantee and an estimate of Rs.5,650/- was given to the complainant but instead of making the payment, the complainant filed the present complaint just to pressurize OP-2 to meet his illegal demands and the present complaint of the complainant is liable to be dismissed.
4. Complainant filed rejoinder and denied the contentions of OP-2.
5. In order to prove his case, the complainant filed his affidavit in
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evidence and has also filed written arguments. The complainant also placed on record copy of retail invoice dated 22.06.2015 regarding purchase of the mobile handset Micromax E-471 of Rs.16,000/- issued by OP-1 and copies of e-mail communication dated 30.11.2015.
6. OP-2 also filed written arguments.
7. This Forum has considered the case of the complainant and OP-2 in the light of evidence of the parties and documents placed on record. The case of the complainant has remained consistent and undoubted and there is nothing on record to disbelieve the case of the complainant. OP-2 has failed to prove the defence that the defect in the mobile handset was not covered under warrantee. It is hard to believe that the complainant of his own will cause physical or liquid damage to his newly purchased mobile handset. Moreover, the authorized service center of OP-2 at the time of preparation of job sheet has not stated that there is physical or liquid damage in the mobile handset and so it cannot be said that the problem in the mobile handset was not covered under warrantee and OP-2 through its service center ought to have repaired the mobile handset free of charges which was not done and mobile handset was returned to the complainant without repair. Accordingly, OP-2 is held guilty of unfair trade practice and deficiency in service.
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8. Accordingly, OP-2 is directed as under:
i) To pay to the complainant an amount of Rs.16,000/- being the price of the mobile handset on return of disputed mobile handset alongwith accessories, original invoice and job sheet.
ii) To pay to the complainant an amount of Rs.6,000/- as compensation towards mental agony and harassment caused to the complainant which includes litigation cost.
9. The above amount shall be paid by OP-2 to the complainant within 30 days from the date of receiving of this order failing which OP-2 shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving of this order till the date of payment. If OP-2 fails to comply with the order within 30 days from the date of receiving of this order, the complainant may approach this Forum u/s 25/27 of the Consumer Protection Act, 1986.
10. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 13th day of February, 2020.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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UPLOADED BY : SATYENDRA JEET
