Delhi

North East

CC/456/2015

Ramesh Chand - Complainant(s)

Versus

The Mobile ZTE Shyam Telecom Ltd. - Opp.Party(s)

06 Apr 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 456/15

 

In the matter of:

 

	Ramesh Chand S/o Late Sh. Summer Singh R/o H. No. A-8/2, Street No.1 Jagatpuri Extn. Delhi-110093.	Complainant
	Versus
1.         2.       3.	The Mobile ZTE Shyam Telecome Ltd, C-165, Naraina Industrial Area, Phase-1, New Delhi-110028.   SAI Mobile Care 1648, Main Road Gandhi Nagar Opp. Gandhi Nagar Police Station, Delhi.   OM Sai Telecom B-86, Jyoti Colony 100 Futa Road, Durgapuri Chowk, Delhi-32.	Opposite Parties

 

DATE OF INSTITUTION:         JUDGMENT RESERVED ON:               DATE OF DECISION      :

20.11.2015 04.04.2018 06.04.2018

 

 

N.K. Sharma, President

Ms. Sonica Mehrotra, Member

Ravindra Shankar Nagar, Member

 

Order passed by Ms. Sonica Mehrotra, Member

 

ORDER

1. Case of the complainant is that he had purchased MTS ZTE mobile phone bearing IMEI No. 860235024073133, MEID No. A0000038AFAA2B manufactured by OP1 from OP3 – the dealer on 25.12.2014 for a sum of Rs. 5,999/-. However, the complainant has stated that from the very first date the mobile phone was defective and after some month started creating problems like Application Error Show S/W Contact. Thereafter on 24.09.2015 complainant immediately visited the office of OP2- the service centre since the mobile was showing error of getting hung all function, service application PCB problem etc and deposited his mobile where the officer of OP2 assured him that the said mobile phone shall be repaired within 35 days. However, even after repairs, the said mobile phone malfunctioning again for which it had to be deposited again by the complainant with OP2 on 03.11.2015 with problem all function open error when the complainant was assured by the OP2 that the mobile shall be repaired within one week and complainant could collect the same within a week. However, the OP2 never repaired the mobile phone and the same is still lying with OP2 as on date till date as reported by the complainant. The complainant has attached the jobsheet dated 24.09.2015 and 03.11.2015 on which dates the mobile in question was deposited by the complainant with OP2. Therefore the complainant was constrained to file the present complaint before this Forum praying for directions to the OPs to refund the cost of mobile to the tune of Rs. 5,999/- to the complainant alongwith Rs. 20,000/- as compensation for harassment, mental agony and pain and Rs. 6,000/- towards cost of litigation.
2. Notice was issued to the OPs. However despite service effected on all the OPs on 16.12.2015, 17.12.2015 and 26.12.2015, OP1 and OP2 did not appear and were proceeded against Ex-parte vide order dated 08.03.2016. OP3 files its reply stating that it had sold the mobile handset to the complainant in working condition and when the complainant had visited their showroom twice due to handset problem, they had given the service centre number and address to the complainant after which the complainant never approached OP3 for any further complaint regarding the subject mobile and that service, replacement and refund is the liability of OP1 and OP3 always ready to support for its services.
3. Evidence by way of affidavit filed by the complainant.
4. OP3 did not appear after filing its reply in April 2016 and therefore its right to file evidence was closed vide order dated 22.02.2017 and the matter was heard by way of oral arguments addressed by the complainant and OP3 was also proceeded against ex-parte on the last date of hearing i.e. 04.04.2018.
5. We have heard the arguments forwarded by the complainant and documentary evidence placed on record.

In view of the documentary evidence of mobile phone having being purchased by the complainant from OP3 and submitted with OP2 for repairs which has gone un-rebutted due to absence of the OPs and any significant denial or opposition to the claim / allegation levelled by the complainant against the OPs, we allow the present complaint of the complainant against the OPs and direct the OPs jointly and severally to refund Rs. 5,999/- to the complainant towards the cost of the defective mobile phone. We also award a sum of Rs. 3,000/- as compensation to the complainant payable by OPs for harassment, mental agony and pain and Rs. 2,000/- to the complainant as cost of litigation. Let the order be complied within 30 days from the date of receipt of this order.

6.  Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
7.   File be consigned to record room.
8.   Announced on  06.04.2018.

 

(N.K. Sharma)      President

(Sonica Mehrotra) Member

(Ravindra Shankar Nagar) Member