NEW DELHI: Spice Mobile has been asked by a consumer forum here to pay
Rs 18,000 to a doctor for not fixing or returning her cell phone which
she had given to the company's service centre for repair.
The
South West District Consumer Disputes Redressal Forum directed the
mobile phone manufacturer as well as its service centre to jointly pay
the amount after finding them guilty of deficiency in service, relying
on the affidavit of the Haryana-based doctor.
"We find no reason
to disbelieve her sworn testimony and hence come to the irresistible
conclusion that opposite party 2 (Spice Mobile) being the principal and
opposite party 3 (Spice Service Centre) being agent are guilty of
deficiency in service for not replying to her legal notice, nor
repairing the handset or returning the same despite it being received on
September 20, 2010 by the service centre.
"We, therefore, allow
the complaint and direct opposite party 2 and 3 either to jointly or
severally pay complainant (Dr Asha Sharma) the price of the mobile
handset amounting to Rs 5,000. They shall also pay her Rs 10,000 for
mental and physical harassment and for alleged loss of data stored in
the handset, along with cost of litigation of Rs 3,000," the bench
presided by Narendra Kumar said.
Dr Asha Sharma, in her complaint had said that she had bought a Spice mobile for Rs 5,000 on June 4, 2010.
The handset had developed several faults, including hanging, stopping
automatically while charging, and later it stopped functioning
altogether, she had alleged.
She had deposited the handset with
the service centre for repair on September 20, 2010 but it failed to
return the mobile, she had alleged adding that she then issued a legal
notice asking for refund of the phone's price, notice fee, compensation
and litigation cost.
However, she had received no reply to the notice sent to the opposite parties, she had alleged.
In its affidavit, Spice Mobile denied the doctor's allegation that there was deficiency on its or its service centre's part.
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