DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi
CONVENIENT SHOPPING CENTRE, 1st FLOOR, SAINI ENCLAVE, DELHI 110092
Consumer complaint no. 1015/2013
Date of Institution- 6/12/2013
Date of Order - 19/08/2016
In matter of
Mr Raj Kumar, adult
W/o Sh. Siya Ram Misra
R/o-155, Shiv Mandir Gali
Village - Kondli, Delhi 110096…..………..…………….Complainant
Vs
Shri Balaji TeleCom
Shop no.- D 1, Basement,
Main Road, Kondi, Delhi 110096…………………………………….Opponent
Complainant’s Advocate-Ashok Kumar
Opponent-Ex Parte
Quorum- Shri 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 Spice mobile from OP for a sum of Rs 3150/- on 24/12/2011 vide model no.- 6450. The said mobile developed some problem on 12/01/2013 so was submitted to OP for its repair.
The OP said that the said mobile would be repaired and charged a sum of Rs 200/ which was paid by the complainant. Complainant inquired from OP on 14/01/2013 for his mobile, but the OP told that it cannot be repaired and if he wants to get it repaired, had to pay Rs 800/-. The complainant did not pay the amount and took his mobile and asked for the refund of Rs 200/- he had paid. OP did not refund the money so complainant sent a legal notice and when he did not get any reply of his legal notice, filed his complaint.
After perusal of complaint, notice was served. No one put up appearance nor filed any written statement or evidence on affidavit. OP was proceed Ex parte. Complainant filed his evidence on affidavit which are on record.
Arguments were heard and order was reserved.
Considering Ex Parte evidences on record, we scrutinized the complaint filed. It was noted that the allegation of problem in his mobile and OP charged a sum of Rs 200/- had no evidence on record. There was no evidence of service / job card also.
It is clear that the said mobile was purchased from OP who deals in China products and all such products do not have any warranty. More so, said mobile was taken for service centre after expiry of one year. But despite OP being Ex Parte, complainant did not submit any concrete evidence to prove his allegation of deficient services of OP. Hence, this complaint is devoid of any merit, so deserves to be dismissed. Therefore complaint is dismissed.
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
