DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No.20/2015
Sh. Mohammad Ayub Sarwar
S/o Md. Mustakim
Ch. No.354, Lawyers Block,
Saket Courts, New Delhi ….Complainant
Versus
Spice Retail Limited
S Global Knowledge Park
19A & 19B, Sector 125
Noida, U.P. 201301 ……Opposite Party
Date of Institution : 21.01.15
Date of Order : 09.06.17
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
O R D E R
Complainant’s case, in short, is that he purchased a mobile phone, Model Spice 436, black colour for an amount of Rs.3999/- from Home Shop TV 18 vide invoice dated 29.07.14. However, after one month it started giving problems such as switched off while working after very short time, hang out, touch screen not working and both Sims were also not working properly. He took the same to the Spice Service Centre at Kotala Mubarakpur, New Delhi. Thereafter, he contacted the customer care No.18602001003, CTN No. 411137693 was provided to him. He was asked to submit the mobile at the authorized centre at Kotala Mubarakpur, New Delhi. The service centre took the mobile set without battery and back cover alongwith a letter of request for service and MEIDI 911256503272128 was given to him on 06.11.14 and he was asked to come after 10-15 days. He went to the service centre many times but in vain. On 24.12.14, mobile phone battery and back cover were also taken back from him and thereafter the same was not returned to him. He has filed the present complaint to direct the OP to pay to him Rs.50,000/- towards compensation for mental agony and to replace the mobile set with new one or to pay back the amount of Rs.3999/-.
Sh. Luv Shastri Adv. put his appearance on behalf of the OP No.1 on 20.10.15, filed his vakalatnama and collected the copies of the complaint etc. Thereafter, none appeared on behalf of the OP No.1 and, hence, OP No.1 has been proceeded exparte vide order dated 23.11.15.
Complainant has dropped the OP No.2 namely, Aim Telecom Service Centre (Authorized Service Centre) 1539, 1st Floor, Wazir Nagar, Street No.5, Kotla Mubarakpur, New Delhi-110003 from the array of the OPs.
He has filed his own affidavit in evidence alongwith written arguments.
Oral arguments are heard. We have perused documents filed alongwith the complaint which corroborate the version made in the complaint. It stands proved that the complainant had given his mobile set to authorized service centre Aim Telecom Service Center, Kotla Mubarakpur, New Delhi and the same was not returned to him till the date of filing of the complaint. Therefore, there is deficiency in service on the part of the OP.
In view of the above discussion, we allow the complaint and direct the OP to refund Rs.3999/- to the complainant as cost of the mobile handset and Rs.1500/- as compensation and litigation expenses within a period of 30 days from the date of receipt of copy of this order failing which OP shall become liable to pay Rs.3999/- with interest @ 6% p.a. from the date of filing of the complaint till realization.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 09.06.17.
