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ISHWER CHAND YADAV filed a consumer case on 10 Aug 2017 against THE GENERAL MANAGER MICROMAX & ANR in the StateCommission Consumer Court. The case no is A/309/2017 and the judgment uploaded on 14 Sep 2017.
IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION : DELHI
(Constituted under Section 9 of the Consumer Protection Act, 1986)
Date of Arguments: 31.07.17
Date of Decision: 10.08.17
First Appeal No. 309/2017
In the matter of:
Shri Ishwar Chand Yadav
S/o Shri Jagannath Yadav
R/o 198, Police Colony
H Block, Phase-1
Ashok Vihar, New Delhi-110052. ….Appellant
Versus
Micromax, Micromax House
90A, Sector-18
Gurgaon, Haryana.
Shop No. 300,
Fatehpuri Masjid
Near Rama Watch, Chandni Chowk
Delhi- 110006.
Ist Floor, Hudson Lane
Kingsway Camp, Near GTB Metro
Station Gate No. 4
Delhi-110009. ……Respondents
CORAM
Hon’ble Sh. O.P.Gupta, Member(Judicial)
Hon’ble Sh. Anil Srivastava, Member
1.Whether reporters of local newspaper be allowed to see the judgment? Yes/No
2. To be referred to the reporter or not? Yes/No
SHRI O.P.GUPTA, MEMBER(JUDICIAL)
JUDGEMENT
Aggrieved by order dated 02.03.17 passed by District Forum (North) in CC No. 173/16 the complainant has come in the instant appeal. ON 02.02.16 the appellant purchased mobile handset make Micromax for Rs.6700/- fro OP 3. From day one the same started giving problems of hanging and lines appeared on the screen. OP 1 was approached for repair but problems could not be resolved. The complainant filed case for Rs. 1,10,000/- for financial, physical and mental torture as well as litigation expenses.
2. OP 1 offered to refund entire cost price of the mobile handset on the very first appearance i.e on 15.11.16. On 12.12.16 OP tendered cheque of Rs. 6700/- to show his bonafide but complainant declined to receive the same. OP repeated the offer on 01.03.17.
3. The District Forum came to the conclusion that interest of justice can be met if cost of mobile is refunded to the complainant, Accordingly OP was directed to pay Rs.6700/- to the complainant and complainant was to return the original job card alongwith all accessories to OP 1.
4. Complainant has come in appeal for compensation only. A strange case. For a petty product, he did not feel satisfy by offer made by the OP, on the very first date of hearing. Consumer Protection Act is not meant for enriching consumers overnight. To seek compensation of Rs. 1,10,000/- for product of Rs. 6700/- is nothing but joke.
5. Appeal fails and is dismissed in limini.
Copy of the order be sent to both the parties free of cost.
One copy of the order be sent to District Forum for information.
(ANIL SRIVASTAVA) (O.P.GUPTA)
MEMBER MEMBER(JUDICIAL)
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