DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi
CONVENIENT SHOPPING CENTRE, 1st FLOOR, SAINI ENCLAVE, DELHI 110092
Consumer complaint no. - 361 / 2014
Date of Institution – 22/04/2014
Date of Order - 22/08/2016
In matter of
Mr Ashish Kumar Kaushik, adult
s/o-Ssh Madan Lal Kaushik,
R/o- 7/35, Yudhister Gali, Laxmi Nagar, Delhi-110092……………….Complainant
Vs
1- M/s Spice Retail
Plot no. 519/3B, Gali no. 2,
Vishwas Nagar, Delhi 110032
2-Optimum Teleservises
Shop No. A-160, First Floor, Krishna Bhawan,
Vikas Marg, Shakarpur, Delhi 110092
3-Spice Mobile
D-1, Sec.- 3, Noida, UP 201301…………..………………….…………….Respondents
Complainant -In person
Opponents - 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
Mr. Ashish Kumar Kaushik, complainant, purchased two spice mobile handsets from OP1 vide model no.EMEI-910562400229272 and 010562400215842 vide sn.-7373 for a sum of Rs 3000/- on 09/06/2012.
The said mobile got defective and had track pad problem and hang, so complainant took his mobile to OP2 as authorized service centre on 25/01/2013 and OP assured to return the set after repair.
Complainant did not get any response so sent two legal notices dated 21/05/2013 and 22/11/2013. Till 14 months no response was received, so filed this complaint.
In complaint he alleged unfair trade practice and suffered a lot mental harassment. He claimed for refund of mobile amount with a sum of Rs 50,000/- as compensation and Rs 15,000/- as litigation charges.
After scrutinizing complaint and annexure filed, notices were served. OPs did not put up their appearance nor submitted written statement and evidence till the date of argument. Though about one year ongoing renovation of Forum was going on. Notices were resent but OPs failed to put up their appearance. Thereafter, OPs were preceded Ex parte. Complainant submitted its Ex Parte evidences on affidavit which are on record.
Argument was heard and order was reserved.
After perusal of Ex Parte evidences which complainant submitted, it has been observed that complainant purchased two mobiles for a sum of Rs 3000/-and both mobile were submitted at the same time with OP2 for service. Both the mobiles under warranty. But after taking job card on dated 25/01/2013 till filling of this complaint on 11/04/2014, complainant had not submitted any evidence as effort was ever done to collect the defective mobiles from OP2 or if mobiles were collected then what was the status of the mobiles after service. Complainant used both the mobile for over 7 months without any defect, as per the job card.
It is clear that two mobiles were purchased for a sum of Rs 3000/- but the cause of using two mobile has not explained in the complaint. Complaint is devoid of merit as complainant has failed to prove deficiencies of OPs despite his case was Ex Parte. We do not find any merit in this case and complaint deserves to be dismissed.
Complaint is dismissed without any 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
