CONSUMER DISPUTES REDRESSAL FORUM – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)
New Delhi – 110 016
Case No.215/2014
SH. NAVIN PRASAD NAVEEN
S/O SH. S.K. RAM
R/O FLAT NO.A/262, 1ST FLOOR, DDA FLATS,
BINDAPUR, POCKET-3,
NEW DELHI-110059
…………. COMPLAINANT
VS.
- M/S SPICE ONLINE RETAIL PVT. LTD.
THROUGH ITS DIRECTOR/MANAGER/A.R
C/O PIBCO LIMITED, BASEMENT, PUNJSONS
2, KALKAJI INDUSTRIAL AREA,
NEW DELHI-110019
- M/S SPICE MOBILITY/RETAIL LIMITED
THROUGH ITS OWNER/PROP/MANAGER/A.R
UG-8, VISHWADEEP TOWER,
NEAR BHADRA KALI MANDIR,
DISTT. CENTRE JANAKPURI, NEW DELHI
…………..RESPONDENTS
Date of Order:26.05.2016
O R D E R
A.S. Yadav – President
The case of the complainant is that he purchased one 10” tablet - Model Spice Stellar Pad Mi-1010 for a sum of Rs.12,999/- from OP-1 vide invoice No.41139 dated 08.05.2013. It is stated that the aforesaid tablet was not getting on and hence it was taken to the authorized service centre on 20.5.2013 where it was returned after 12 days.
It is further stared that after few months its USB Port was not working properly hence the same was taken to the authorized service centre on 14.12.2013 and the same was delivered to him after two months without rectification. Though they have changed its entire screen, spare parts and software but its original issue was not rectified. After few days complainant againt visited at their authorized service centre and submitted the tablet on 24.02.2014 and it was returned after one month but USB Port was not still functioning. It is stated that there is deficiency in service on the part of OP. It is prayed that OPs be directed to refund the Rs.12,999/- towards cost of tablet alongwith interest plus Rs.50,000/- towards compensation and Rs.10,000/- towards litigation charges.
On behalf of OPs initially Mr. Umesh Kumar, advocate appeared and received copy of compliant and sought time for filing of reply and thereafter Mr. Vikas Thakur appeared and filed vakalatnama. Despite number of opportunities given, reply was not filed. On 18.10.2015 none appeared for OPs. OPs were proceeded ex parte.
We have heard complainant and carefully perused the record.
Complainant has placed on record the job card showing that the tablet developed problem as its USB Port was not working properly and the same was taken to OP on 14.12.2013. It is proved from unchallenged testimony of complainant that the tablet was not repaired and again developed problem and taken to the authorized service centre on 24.02.2014 with the same problem. Again the problem was not rectified. It is clear cut case of deficiency in service on the part of OPs.
OP-1 is directed to refund to complainant Rs.12,999/- alongwith interest @ 9% p.a. from the date of filing of the complaint plus Rs.3,000/- for compensation and Rs.3,000/- towards litigation expenses.
Let the order be complied with within one month of the receipt thereof. The complaint stands disposed of accordingly.
Once the order has been complied by OP-1, complainant to return the tablet to OP-1.
Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.
(D.R. TAMTA) (A.S. YADAV)
MEMBER PRESIDENT
