DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi
CONVENIENT SHOPPING CENTRE, 1st FLOOR, SAINI ENCLAVE, DELHI 110092
Consumer complaint no. 346/2015
Date of Institution 14/05/2015
Order Reserved on 05/09/2016
Date of Order - 06/09/2016
In matter of
Mr.Raj Kumar, adult
S/o- Late Sh. Jagdev
R/o-WA-145A, Ganesh Nagar,
Shakar pur, Delhi 110093.………………………....………..…………….Complainant
Vs
1-M/s Prakshi Gift Collection
Shop- B-18, Opp. Bal Bharti School,
Ghaziabad, UP
2-M/s VI Communication
Autho service centre-Micromax,
Shop no.- 83A,1stFloor,
Radhey Puri Extn., Jagatpuri Main Road,
Delhi 110051………………………………………………………………………Opponent
ComplainantIn person
Opponent’s Advocate Rajesh Kr Sharma
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
Complainant purchased a Micromax mobile model no GC @@@for a sum of Rs 2100/- on 07/05/2014 from OP1. After about 5 months in use, the said mobile developed some problems like poor and problem as complainant had difficulty in
hearing calls, so he took the said mobile to OP2 for repair on 09/10/2014. The said mobile was in warranty. The mobile was repaired and handed over to complainant. As per complaint, there were repeated problems in mobile and got repaired fromOP2. As per complainant, the mobile was not repaired properly, so he filed this complaint claiming refund of cost of mobile with 18% interest and compensation a sum of RS 5000/-and litigation charges Rs 5500/-
Notices were served but OPs did not put their appearance or filed written statement and their evidence. Despite of opportunities, OPs did not submit their version, so case was preceded Ex Parte. Complainant filed his evidence on affidavit which was on record.
Arguments were heard and order was reserved.
We perused the facts and evidence of complaint. It was noted that the said mobile was in warranty and despite of complainant submitting his mobile for same problem, the service was not provided properly by OP2 nor told about any manufacturing defect in the mobile. This shows that OP2 services were deficient.
We allow this complaint and pass the following order-
OP2 will rectify the defect and put the mobile in good operating status of said mobile within 30 days from receiving of this order and will also give extended warranty of one year from the date of handing of this mobile.
We further award compensation of Rs 2000/-for harassment and litigation charges. If OP2 fails to comply the order, the entire amount shall carry 9% interest from the date of filling of this complaint till realization.
The order copy 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
