Delhi

West Delhi

CC/17/393

SANJEEV KUMAR - Complainant(s)

Versus

SMART COMMUNICATION - Opp.Party(s)

26 Jul 2018

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: 07.07.2017

Complaint Case. No.393/17                                          Date of order:   26.07.2018  

IN  MATTER OF

Sanjeev Kumar Shah, B-560, Katputli colony, Division -2, Pandav Nagar, Delhi-110008                                                                                                                                                                                                                                                                 Complainant

VERSUS

Smart Communication, 2151/17C, Ground Floor, Shop No. Old no. D-96, New Patel Nagar, New Delhi-110008                                                                                                                                                                                                                    Opposite party-1

Vaishno Communication service centre, G/F 24/10/54, B.D. Chamber, Opp. Vijay Sales Deshbandhu Gupta Road, Karol Bagh, New Delhi-110005

                                                                                                                        Opposite party-2

Gionee India Pvt. Ltd. , E-9, Block No.B-1, Ground Floor, Mohan Cooperative Industrial Estate, Mathura Road, New Delhi-110044     

                                                                                                                        Opposite party-3

 

ORDER

PUNEET LAMBA, MEMBER

                        Brief facts of the complaint necessary for the disposal are that the complainant Purchase One Mobile hand set Model GioneeF-103 pro on 23.03.2017 from the OP-1 by paying sale consideration of Rs. 10,990/-. The mobile handset developed fault on 27.06.2017 and stopped working. The complainant gave the mobile handset for repair to the OP-2 authorized service center of Gionee vide Job sheet no. is GC17600155582. The OP told the complainant to come after three days to take the repair handset. The complainant after three days called telephonically to the OP but again he told it will again take 2-3 days to replace the parts. Even after nine days the OP failed to  repair the mobile handset and same is lying with the OP.

                        Hence the present complaint for directions to the OP for refund of Rs. 10,999/- cost of the mobile handset with interest @18% p.a. and compensation of Rs. 20,000/- for mental pain , agony, harassment and litigation expenses.

                        Notices of the complaint were sent to the OPs but they failed to appear despite service and were proceeded ex-parte.

                        The complainant was asked to file ex-parte evidence by way of affidavit he tendered his affidavit dated 18.04.2018 reiterating the facts of the complaint. He also relied upon copy of invoice and job sheet dated 28.06.2017.

                        We have heard the complainant in person and have gone through the complaint, affidavit and all documents placed on record carefully and thoroughly.

                        From perusal of the documents it reveals that the complainant has purchased one Mobile hand set Model GioneeF-103 pro on 23.03.2017 from the OP-1 by paying sale consideration of Rs. 10,990/-. It developed fault within warranty and was given for repairs to the OP on 28.06.2017.

                        The version of the complainant has remained unrebutted and unchallenged. There is no reason to disbelieve unrebutted and unchallenged evidence produced by him. The complainant on the basis of  documents has been able to show that the mobile handset was given for repair within warranty but the OP failed to repair and return the mobile handset till today. The complainant has suffered loss of mobile handset and was also deprived of his valuable rights to use the mobile handset. Therefore, there is negligence and deficiency in service on the part of the OP.

                        In light of above discussion and observations the complaint succeeds and is hereby allowed. The OP-2 is directed to pay a sum of Rs. 9,000/- as the complainant has already used mobile handset for three months so we award sum of Rs.9,000/- with interest @6% p.a. from date of filing of the complaint till actual realization of the amount.

                        We also award compensation of Rs. 1,000/- for mental pain, agony and harassment suffered by the complainant.

 

 

Order pronounced on :-

 

• Copy of order be sent to the concerned parties free of cost.
• Thereafter, file be  consigned to record.

 

 

(PUNEET LAMBA)                                                                                              (K.S. MOHI)                       MEMBER                                                                                                              PRESIDENT