Delhi

West Delhi

CC/14/823

Vishnu Garg - Complainant(s)

Versus

Shri Laxmi Enterprises - Opp.Party(s)

15 Dec 2014

ORDER

 CONSUMER DISPUTES REDRESSAL FORUM (WEST)

GOVERNMENT OF NCT OF DELHI

150-151, Community Centre, C-Block, Janak Puri, New Delhi – 110058

 

                                                                                     Date of institution           : 15.12.14

 

Case. No.DF-III/823/2014/                                                                  Date of order                    : 18.03.16

In the matter of :-

Sh. Vishnu Garg,

H.No.WZ-207A, Gali No.15,

Sadh Nagar, Palam Colony,

New Delhi-110045                                                                                                Complainant

Vs.

 

Shri Laxmi Enterprises,

A-54, First Floor, Gulab Bagh,

Opp. Metro Pillar No. 750,

Uttam Nagar, New Delhi-110059                                                         Opposite party

 

  (R.S. BAGRI, PRESIDENT)

O R D E R     

            This complaint  U/s 12 of the Consumer Protection Act, 1986 is brought by Sh. Vishnu Garg,  herein complainant against Sh. Laxmi Enterprises herein opposite party for compensation on account of loss of his mobile handset, pain, agony and sufferings.

 

            The brief facts as stated are that Sheru Soni purchased a mobile handset from M/s Jain Communication on 14.8.13 vide bill No. 4593 for a sum of                 Rs. 7000/-.   He sold the mobile handset to the complainant on 20.9.13 for sale consideration of Rs. 6000/-.   Later on,  the  mobile  handset  developed  some  defect.    He  handed  over  the  mobile  set  to  opposite  party  on 13.8.14 for

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repairs.    The opposite party assessed Rs. 1250/- cost of  repair of the handset.   The complainant paid Rs. 500/- in advance to the opposite party but the opposite party neither repaired nor returned the mobile handset despite repeated requests  till filing of the present complaint.

 

            Notice of the complaint was sent to the opposite party. But despite service of notice, opposite party did not turn up.   Therefore, the opposite party was proceeded against ex-parte.

 

            When Vishnu Garg (complainant) was asked to lead ex-parte evidence,  he submitted his affidavit dated 21.11.15, photo copy of bill No. 4593 dated 14.8.13, receipt issued by opposite party dated 13.8.14 and sale letter  executed  by Sheru Soni in favour of complainant .    The complainant  in his affidavit  dated 21.11.15 has narrated the facts of the complaint and asserted  that he handed over mobile handset to opposite party for repairs.    The opposite party did not return the mobile handset.    He suffered loss of                     Rs. 6,000/- as cost of mobile .   He has also suffered mental pain and  agony.   He has claimed Rs. 6000/- as cost of the mobile handset, Rs. 10,000/- towards mental and physical harassment and agony and Rs. 5000/- towards litigation expenses totalling Rs. 21,000/-. 

           

           

 

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             From perusal of the documents relied upon by the complainant, it reveals that complainant purchased the mobile handset for Rs. 6000/-.   The mobile handset developed some defects. He handed over the mobile handset to opposite party for repairs.   He (OP) also received  Rs. 500/- in advance for repairs.  But the opposite party did not return the mobile handset.

 

            We have heard the complainant in person and have gone through the file carefully and thoroughly.

 

            The version of the complainant has remained un-rebutted and un-challenged.    Therefore, there is no reason to disbelieve the un-rebutted  and un-challenged version of the complainant.    Hence, the complainant has been able to prove that he purchased the mobile handset from Sheru Soni for                   Rs. 6000/-.   He handed over the handset to opposite party for repairs.    He also paid Rs. 500/- in advance as cost of repairs of the mobile handset. But the opposite party did not return the mobile handset.    Hence,  he has suffered  loss of the mobile handset and has been deprived to use the mobile.   He has also suffered mental and physical harassment, pain and agony.    Therefore, there is deficiency of service on the part of opposite party.  

 

           

           

 

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            Therefore, we direct the opposite party to pay Rs. 6000/- as the cost of the mobile handset and Rs. 500/- received by the opposite party in advance for repairs of the mobile handset, totalling Rs. 6500/- with interest @ 9% p.a. from filing the complaint till actual realisation,  Rs.5,000/- for mental and physical pain, agony and harassment, Rs. 1100/- towards litigation expenses. 

 

Order pronounced on   : 18.03.2016

 

• Compliance of the order be made within the 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