DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016.

Case No.307/2014

Harshita Singh

2128, Block-D

Gaur Global Village, Crossing Republik

Ghaziabad, U.P.                                                       ….Complainant

Versus

1.       The mobile Store Limited

          D-17, Lajpat Nagar-II

          New Delhi-110024

2.       Lenovo India Pvt. Ltd.

          Vatika Business Park

          Ist Floor, Badshah Pur Road,

Sector-49, Sohna Road,

Gurgaon-122001                     …...Opposite Parties

            Date of Institution      :    05.08.2014

Date of Order              :   29.04.2017

Coram:

Sh. N.K. Goel, President

Ms. Naina Bakshi, Member

ORDER

Ms. Naina Bakshi, Member

Briefly stated, the case of the complainant is that the complainant had purchased a mobile for an amount of Rs.9490/- from OP No.1 manufactured by OP No.2. On 16.10.13 the mobile was snatched by the thieves and he had lodged an FIR with the P.S. Lalpat Nagar, New Delhi. The police authority asked for IMEI No. of the phone but the OP No.2 failed to provide the same despite of several emails sent by the complainant. It is submitted that the complainant apprehended that the mobile may be used for illegal activities. The police could not trace the mobile phone due to unavailability of IMEI No. As per the Govt. guidelines the OPs cannot sell the mobile phone without IMEI No. Hence, there is a deficiency in service on the part of the OP. The complainant has prayed that OPs be directed to pay an amount of Rs.9490/- towards purchase of the phone, to pay Rs.50,000/- towards deficiency in service, loss of peace and mental agony suffered by the complainant and to pay cost of the complaint.

OPs have been proceeded exparte vide order dated 07.01.15 passed by your predecessors.

It is evident from the record that the mobile phone was snatched by the thieves. The complainant filed an FIR on the record which we mark as Annexure-1 for the purposes of identification.  It is a matter of common knowledge that IMEI No. is always mentioned on the box of the mobile as well in the mobile phone. Complainant has not produced the box containing the mobile set. There is no evidence on record to show that there is a deficiency in service on the part of the OP. Moreover, the present complaint relates to theft of the mobile which does not fall within the jurisdiction of this Forum.  Accordingly, we dismiss the complaint with no order as to costs.

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 29.04.17.