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

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

                                                                                                  Consumer complaint no. -     115/2015

                                                                                                  Date of Institution      –       20/02/2015

                                                                                                  Order Reserved on              30/08/2016

                                                                                                  Date of Order         -           31/08/2016  

In matter of

Mr. Ram Kumar, adult   

S/o- Sh Garib Das  

R/o-A3/672, East Gokul pur, 

Amar Colony, Delhi 110093………………………....………..…………….Complainant

                                                                         Vs

1-Spice Retail Ltd

19-A &B, Sec. 125,

Global Knowledge Park,

Noida, UP

2- Spice Retail Ltd

Shop no. -110, Vikas Complex,

37, Veer Sawarkar Block,

Main Vikas Marg, Delhi-110092…………….………………………………… Respondents

Complainant-In person  

Opponent-Ex Parte

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 purchased a Spice smart mobile MI 504 on 23/05/2014 vide IMEI no.- 911353193400629 for a sum of Rs 6000/- having one year warranty.

After some hour, the said phone did not function properly so complainant told to OP2 about the problem. OP changed the phone on the same day. Again after three months, the said phone started hanging and getting self off. He took the mobile to OP and service centre told that the adopter of the mobile was not working. A job card was prepared.

As the mobile had again developed problem so complainant phoned to service centre but there was no response. Complainant tried to purchase a new battery from the market but did not get. Therefore he decided to file this complaint and claimed harassment charges to a sum of Rs 10,000/-

After scrutinizing complaint, notices were served. Despite of being served none put their appearance nor filed written statement or evidences. OP did not appear even giving several opportunities; hence, OPs were preceded Ex Parte though email reply was available where OP had advised complainant to purchase new accessories as battery and adopter had 6 months warranty.  

Complainant submitted his ex parte evidence on affidavit. Arguments were heard and order was reserved.      

We perused all the facts of the case and evidence submitted by the complainant on affidavit. It was clear that complainant used his mobile for about 5 month and then it developed battery and adopter problem. But the said mobile had no manufacturing defect. It is clear that accessories have no one year warranty; hence, such items cannot be repaired or exchanged.

As per email reply, complainant had to purchase battery and adaptor new from market. Hence, this complaint had no merit as complainant could not prove his alleged allegations against OP that there was any manufacture defect.  Hence, this complaint deserves to be dismissed. So, complaint is dismissed without cost.

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

Mrs -Harpreet Kaur- Member                                             (Dr) P N Tiwari - Member                                                      

                                  Shri Sukhdev Singh - President