Delhi

West Delhi

CC/15/529

Rahul Ahuja - Complainant(s)

Versus

WS Retail Services pvt ltd.(FLIPKART) - Opp.Party(s)

07 Jan 2017

ORDER

CONSUMER DISPUTES REDRESSAL FORUM (WEST)

GOVERNMENT OF NCT OF DELHI

150-151, Community Centre, C-Block, JanakPuri, New Delhi – 110058

 

                                                                                                         Date of institution:06.08.2015    

Complaint Case. No.529/15                                                                                            Date of order:     07.01.2017                 

IN  MATTER OF

Rahul Ahuja, J-72 Kirti Nagar, New Delhi-110015                                       Complainant

VERSUS

WS Retail Services pvt ltd.(FLIPKART), 71/1, Opp bescom office, Ms Ramaiah main road, Gokula, SBM colony , Mathikere, Bengaluru, Karnatka-560054                  Opposite party-1

 

B2X, APS SYSTEMS, UG-7, Westend Tower, District Centre, Janak Puri, New Delhi-110058                                                                                                                                             Opposite party -2

 

 

Motorola Solutions India pvt ltd., Motorola excellence centre, 415/2 Mehrauli-Gurgaon Road Sec-14, Gurgaon-122, Haryana, India                                                         Opposite party-3

 

 ORDER

R.S. BAGRI,PRESIDENT

 

                   Brief  relevant facts necessary for disposal of the present complaint are that the complainant purchased one mobile handset ‘Google Nexus 6’ from opposite party no.1  for sale consideration of Rs 48,999/- vide invoice no.BLR_WFLD2014100782725 dated 12.12.2014. The mobile handset developed some fault. The handset was deposited with opposite party no.2 for repairs. The same was repaired and returned after twenty days. But the handset again developed fault with in twelve days. Thereafter complainant again deposited the mobile handset with opposite party no. 2 for repairs on 3.7.2015. The opposite party no. 2 told the complainant that handset will be repaired in two days. The complainant inquired about status of the mobile handset and was told that it would be repaired in seven days. But till today the mobile handset is neither repaired nor returned. The complainant also requested opposite party no.3 to replace the handset but was denied by them. Hence the present complaint for directions to the opposite parties to refund cost

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of the mobile handset and pay Rs 15,000/- as compensation for mental pain, agony and harassment.

               Notice of the complaint was sent to the Opposite parties. But none appeared on behalf of Opposite parties no.  2 & 3 . Opposite party no.  1 filed reply to the complaint and raised preliminary objections that the name of Opposite party no. 1 is given wrong and further asserted that there is no cause of action against them and denied all allegations levied by the complaint . They asserted that as a good will gesture replacement is only done within 30 days. But the handset was used by complainant for more than three four months. They further asserted that they are resellers and are not liable to provide after sale services.  Only  the manufacture and service centres who can provide after sale services and replacement. They prayed for dismissal of the complaint.

            The complaint filed rejoinder to the reply of Opposite party no.1 while reiterating his stand taken in the complaint and controverting the stand taken by the Opposite party -1.

            When the parties were asked to lead evidence in support of their respective case, the complainant filed affidavit dated 18/04/2016, wherein he once again narrated the facts of  the complaint and prayed for refund of  cost of the mobile handset and prayed for   compensation. The complainant in support of his case relied upon copy of invoice dated 12/12/2014, copy of email dated 16/12/2014  and copy of jobsheet dated 07/03/2015 . The Opposite party no.1 filed affidavit of Ms. Swati Singh dated 29/02/2016 once again deposing the facts of reply and prayed for dismissal of the complaint.

From perusal of documents it reveals that complainant purchased one mobile handset ‘Google Nexus 6’ from opposite party no.1  for sale consideration of Rs 48,999/- vide invoice no.BLR_WFLD2014100782725 dated 12.12.2014. The mobile handset developed some fault. The handset was deposited with opposite party no.2  for repairs vide jobsheet dated 3.7.15. But till today neither the handset is repaired nor returned.

We have heard complainant in person and learned counsel for Opposite party-1 at length and have gone through the material on record .

            The complainant from the document has been able to show that he purchased one mobile handset ‘Google Nexus 6’ from opposite party no.1  for sale consideration of Rs 48,999/- vide invoice no.BLR_WFLD2014100782725 dated 12.12.2014.  The mobile handset developed some fault. The handset was deposited with opposite party no.2 for repairs. The  same was repaired and returned after twenty days.  But the handset again developed fault in twelve days. Thereafter complainant again deposited the mobile handset with opposite

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party no. 2 for repairs within warranty on 3.7. 2015. The mobile handset is not returned  till today to the  complainant.

            The complainant has suffered loss of mobile handset . He is also deprived of his valuable right to use the mobile handset. Therefore there is negligence and deficiency in service on part of Opposite parties no.  2 and 3 being service provider and manufacturer. HHhhence the complainant is entitled  e

for Rs. 48,999/- cost of the mobile handset . He is also entitled for compensation to the tune of Rs.5000/- for mental pain agony and harassment and litigation expenses.

            In light of above observation and discussion the complaint succeeds and is here by allowed . The Opposite parties no.  2 and 3 are directed to pay as sum of Rs. 48,999/- cost of mobile handset with interest at the rate of 9% per annum from filing of present complaint till actual realization of the amount and pay Rs. 5000 for mental pain agony and harassment and litigation expenses . They are jointly and severally  liable to pay the amount.

Order pronounced on   :

• Compliance of the order be made within 30 days after receipt of the order.
• Copy of order be sent to the concerned parties free of cost.
• File be  consigned to record.

 

 

 

(PUNEET LAMBA)                           (URMILA GUPTA)                           ( R.S.  BAGRI )

   MEMBER                                          MEMBER                                        PRESIDENT