Delhi

East Delhi

CC/1125/2014

ANIL - Complainant(s)

Versus

SIMMTRONICS SEMICONDUCTOR - Opp.Party(s)

30 Nov 2016

ORDER

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

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

                                                                                                  Consumer complaint no.      1125 / 2014

                                                                                                  Date of Institution                 08/12/2014

                                                                                                  Order Reserved on                 30/11/2016

                                                                                                  Date of Order                          05/12/2016   

                                                                                                        

In matter of

Mr. Anil Sangwan adult 

G-24, Karkarduma Court

Shahdara, Delhi 110032………………….……………….……..…………….Complainant

                                                                  

                                                                     Vs

 

1-M/s Modi infosol Pvt Ltd.

101 Skip corner

88 Nehru Place, New Delhi 110019

 

2-The Manager/ Director

Simmtronics Semiconductors ltd.

C41, Okhla phase I,

New Delhi 110020

 

Also at

 

3 The Manager/ Director

Simmtronics Semiconductors ltd

I D/3, Ground & 1^st Floor, Ecotech II, Udhyog Vihar

Greater Noida, 36, UP………..……………………….………………………  Opponents

 

Complainant……………………………………In  Person

Opponent 1/Modi Infosol ……………….Sanjiv Thakur

Opponent 2&3………………………………..Manvendra Mukul

 

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 a practicing advocate at Karkarduma Court, Delhi had purchased Tablet Xpad Freedom for sum of Rs 12,500/- from OP1’s stall at Pragati Maidan, New Delhi on 20.11.2013 vide bill no. 128 having model no. X pad Freedom XFRDMGE20DA002216 as annexed here Annexure C/1.

After using for a week, touch screen problem occurred, so complainant contacted OP1 who replaced with a new Pad of same configuration and cost.  

It had been stated that after using for over two months, the replaced new Pad also had display problem in Feb. 2014 and took the Pad to the service station at Okhla, the problem was rectified on the same day. Again after using Pad, problem occurred as “Battery is over heated kindly replace the battery” Complainant again lodged complaint to OP2, who assured for replacement of battery.

In the month of March 2014, touch screen problem again occurred, so he lodged compliant with OP2, who told him that whenever parts would be available, it would be changed. Complainant wrote letters to OP2 marked here as Annexure C/2 & 3. When he did not get any reply, sent a legal notice for alleging deficiency in services of OP2 marked as Annexure 4&5. Thereafter, he lodged this complaint claiming replacement of product/Pad for a new one or refund the amount Rs 12,500/-with 24% interest till 8^th Dec. 2014. He also claimed interest to be paid till realized with compensation of Rs 25,000/- for mental agony and harassment and litigation charges Rs 25,000/-

Notices were served, OPs put their appearances and submitted their written statement denying all the allegations put in the complainant. It was stated that the product which was purchased from Pragati Maidan, was had some problem was immediately replaced by a new one. The complainant was using without any defect. The replaced new Pad had problem of overheated battery was due to the negligence of complainant and wanted replacement for a new Pad. He was a practicing advocate and using his legal knowledge to harass respondents for his personal gain. OP also submitted that the replaced Pad had been given used by him without any defect as he did not submit any service report or job sheet showing any defect. It was also stated that complainant’s claim pertains to the earlier purchased XPad which was replaced immediately without any harassment. So, there was no deficiency on their parts. Hence, the complaint be dismissed.  

Both the parties filed their evidences on affidavit. On arguments dates, parties did not appear as evident from the day to day proceedings. Notices were served again. Complainant was present on the date of argument. File was perused and order was reserved.  

We have perused all the facts and evidences filed by complainant. It was evident that the said XPad was purchased on 20/11/2013 and developed touch screen problem, so it was replaced by OP1.  The new replaced Pad again had some problem as overheating of battery and other stated problems; complainant had not submitted any concrete evidence through job sheet except writing letters and sending legal notice.

It was also evident that the claimed damages and cost pertains to XPad which was purchased from a stall at Pragati Maidan was replaced by OP1 and complainant had not annexed any evidence of defects through job sheet except stating in complaint and on legal notice.

We have relied on the version of OP that the complainant was using his legal knowledge for harassing the respondent, was correct. Complainant being a legal person must have exercised   his legal knowledge in a correct way by proving deficiency of OPs where he has failed.  

Thus, we come to the conclusion that this complaint has no merit and deserve to be dismissed with cost. So the complaint is dismissed with cost of Rs 1000/- to be deposited with Consumer Legal Aid Account of this Forum within 30 days from the receiving of this order.

The copy of this order be sent to the parties as per rules and file be consigned to the Record Room.

 

Mrs Harpreet Kaur                                                                                                  (Dr) P N Tiwari

Member                                                                                                                       Member                                                                                   

                                                 Shri Sukhdev Singh

                                                             President