DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 1489/2014
D.No.__________________ Date: ________________
IN THE MATTER OF:
Ms. KOMAL SPRIHA,
W/o Sh. KUMAR RASHMI RANJAN,
R/o WZ-668/20, SHRI NAGAR,
GALI No.-2, DELHI-110034. … COMPLAINANT
Versus
1. W.S. RETAIL SERVICES PVT. LTD.,
WARE HOUSE ADD: No.-42/1 & 43,
KACHERAKANAHALLI VILLAGE,
JADIGENAHALLI HOBLI, HOSKOTE TALUK,
BENGLURU, KARNATAKA-560067.
2. BEST SERVICES,
SHOP No.-G-1 & G-2,
EXPRESS ARCADE, PLOT No.-10,
NETAJI SUBHASH PLACE,
PITAM PURA, DELHI-110034. … OPPOSITE PARTY (IES)
CORAM: SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 09.12.2014
Date of decision: 12.02.2020
SH. BARIQ AHMED, MEMBER
ORDER
1. The complainant has filed the present complaint against OPs under
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of the Consumer Protection Act, 1986 thereby alleging that the complainant purchased a Tablet model no. Digiflip PRO XT 712 Tablet (Black, 16 GB, 2G, 3G, Wi-Fi) vide order no. OD40704173329 dated 04.07.2014 for a sum of Rs.10,089/- from Flipkart.com. The complainant further alleged that the said Tablet started giving multiple problems viz. touch did not work properly, automatic goes offline made when we/receive call without head phone call cannot hear properly and hence the complainant contacted customer care of Flipkart on 26.09.2014 and the complaint no.140926034544 but OP did not solve the problem and the complainant visited the customer care service but OP’s response is very poor and main thing is that there is unauthorized service center. Thereafter, again OP gave another service center at Netaji Subhash Place, Delhi and OP submitted the said Tablet on 18.11.2014 but when the complainant asked OP when the said Tablet problem will be solved but OP did not give proper reply. The complainant further alleged that the complainant made several visits to the office of OP and the complainant is facing numerous problems and is highly disappointed with the product performance and hence the act of OPs is clearly unfair trade practice and deficiency in service.
2. On these allegations the complainant has filed the complaint praying for direction to OPs to refund the amount of Rs.11,000/-
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alongwith interest as well as to pay suitable compensation for causing her mental pain, agony, damages and harassment and has also has sought cost of litigation.
3. OP-1 & OP-2 have been contesting the case and filed separate replies. In the reply, OP-1 submitted that the complainant had purchased a DIGIFLIP PRO XT 712 Tablet and there were issues with the product are mere statement and the transactions of alleged issues with the product between the complainant and the service centre are not within the knowledge of OP-1 and OP-1 offered to refund the amount paid for the product to the complainant but there was no response from the complainant and OP-1 is not liable to pay any compensation to the complainant.
4. In its reply, OP-2 submitted that OP-2 was providing services of DIGIFLIP through Ensure Services India Ltd. in Delhi at E-48/4, 1st Floor, Okhla, Ph-2 and Chennai-Spl. Guindy, House 95 Mount Road, Guindy Chennai-600032 and have stopped the services from Ensure Services India Ltd. from 01.05.2015.
5. The complainant filed separate rejoinders to the replies of OP-1 & OP-2 and denied the contentions of OP-1 & OP-2. The complainant submitted that as per the reply of OP-2, OP-2 stopped the services of DIGIFLIP/Ensure Services India Ltd. from 01.05.2015 and the said Tablet is repaired by OP-2 many times and the said Tablet is having problem for last many months before 01.05.2015 and it has been repaired by OP-2.
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6. In order to prove her case, the complainant filed her affidavit in evidence and also filed written arguments. The complainant has also placed on record copy of tax invoice/bill no. # BLR_ WFLD20140700164143, order ID no. OD40704173329 dated 04.07.2014 for a sum of Rs.10,089/- issued by Flipkart.com and copy of Customer Unit Receipt no. TOR/FK/14/00005 dated 19.11.2014 issued by OP-2.
7. On the other hand, Ms. Swati Singh, Authorized Signatory of OP-1 has filed her affidavit in evidence which is as per line of defence taken by OP-1 in the reply and also filed authority letter in favour of Ms. Anushree Saxena who has signed the reply on behalf of OP-1. OP-1 has also filed written arguments.
8. However, OP-2 neither filed any evidence nor filed written arguments.
9. This forum has considered the case of the complainant in the light of evidence of both the parties and documents placed on record by the complainant and OP-1. The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of the complainant. From the pleadings of the parties, documents and evidence it is proved that the complainant purchased the disputed product i.e. Tablet of Rs.10,089/- through Flipkart.com on 04.07.2014 which was sold by OP-1 and the said Tablet stopped working immediately after its purchase and could
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not be repaired and problem could not be resolved by OP-2 the service center and as such OP-1 & OP-2 have indulged in unfair trade practice and there is deficiency in service on the part of OP-1. Accordingly, OP-1 & OP-2 are held guilty of unfair trade practice and deficiency in service.
10. Accordingly, both OPs jointly or severally are directed as under:
i) To pay to the complainant an amount of Rs.10,089/- being the price of the Tablet on return of the disputed Tablet, accessories & job sheet.
ii) To pay to the complainant an amount of Rs.10,000/- as compensation towards mental agony and harassment caused to the complainant.
iii) To pay to the complainant an amount of Rs.6,000/- as cost of litigation.
11. The above amount shall be paid by OP-1 & OP-2 jointly or severally to the complainant within 30 days from the date of receiving copy of this order failing which OP-1 & OP-2 shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment. If OP-1 & OP-2 fail to comply the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25/27 of the Consumer Protection Act, 1986.
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12. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 12th day of February, 2020.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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UPLOADED BY : SATYENDRA JEET
