Delhi

East Delhi

CC/1079/2014

MOHD SHAHID - Complainant(s)

Versus

SISTERNA SHYAM TELE. - Opp.Party(s)

27 Sep 2016

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 1079/14

 

Mohd. Shahid

S/o Mohd. Ali

R/o H.No. 1025, Gali No. 12

New Mustafabad, Rajiv Gandhi Nagar

Delhi – 110 094                                                                               ….Complainant

 

Vs.

 

1. M/s. Sisterna Shyam Teleservices Ltd.

Corporate Office : Legal Cell at MTS Tower

334, Udyog Vihar, Phase – IV

Gurgaon – 122 001 (Haryana)

 

2. M/s. Salvia Communications Pvt. Ltd.

R-51, 1^st Floor, Vikas Marg

Shakarpur, Delhi – 110 092                                                        ….Opponents

 

Date of Institution: 11.12.2014

Judgment Reserved for : 27.09.2016

Judgment Passed on : 18.10.2016

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By : Ms. Harpreet Kaur Charya (Member)

 

 

JUDGEMENT

            This complaint under Section 12 of Consumer Protection Act pertains to allegations of deficiency in service by the complainant        Shri Mohd. Shahid against M/s. Sisterna Shyam Teleservices Ltd.(OP-1) and M/s. Salvia Communications Pvt. Ltd.(OP-2), praying for replacement of handset, Rs. 50,000/- on account of compensation and Rs. 22,000/- towards the litigation expenses. 

2.        The facts in brief are that the complainant had purchased one MTS mobile, model No. 790 for Rs. 5,000/- on 03.12.2013 from Wizard Digitek Computers Pvt. Ltd.  The said mobile was under one year warranty.  The Complainant started facing problem with the screen and the same continued despite repair.  It was also stated that on 09.07.2014, complainant had handed over the handset to OP-2 for which service slip was issued.  Complainant was treated rudely and was not handed over/returned the handset as promised by OP-2.  Legal notice dated 10.09.2014 was also sent.  Service slips bearing token No. 302 dated 09.07.2014, invoice dated 03.12.2013 and legal notice were annexed with the complaint.

3.        Notice of the complaint was served upon OPs and WS was filed on behalf of OP-1, wherein it was denied that there existed any cause of action in favour of complainant and against them and prayed for the dismissal of complainant with exemplary cost. 

            Thereafter, complainant was asked to file rejoinder and evidence, despite several opportunities, complainant failed to file the same. 

            OP filed evidence by way of affidavit and examined Shri Keshav Tiwary, Chief Operating Office of Delhi Circle, the contents of written statement were repeated in the affidavit. 

 

Since, the complainant has not filed any affidavit in support of his complaint, his allegations cannot be said to be proved.  Therefore, it cannot be said that there was any deficiency on the part of M/s. Sisterna Shyam Teleservices Ltd.(OP-1).   

6.        In view of the above, we are of the opinion that the complainant has failed to prove any deficiency on the part of M/s. Sisterna Shyam Teleservices Ltd.(OP-1) and M/s. Salvia Communications Pvt. Ltd.(OP-2).  Hence, his complaint deserves dismissal and the same is dismissed.  There is no order to cost.

            Copy of the order be supplied to the parties as per rules.

File be consigned to Record Room.

 

 

(DR. P.N. TIWARI)                                              (HARPREET KAUR CHARYA)

Member                                                                                Member    

     

      (SUKHDEV SINGH)

             President