Haryana

Kaithal

55/20

Suresh Kumar - Complainant(s)

Versus

Aggarwal Mobile Service Auth - Opp.Party(s)

Sh.Davinder Jammu

19 May 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KAITHAL.

                                                 Complaint Case No.55/2020.

                                                 Date of institution: 04.02.2020.

                                                 Date of decision:19.05.2023.

 

Suresh Kumar Bhola age 53 years S/o Sh. Jai Karan, resident of V.P.O. Karora, Tehsil Pundri, Distt. Kaithal.

 

                                                                        …Complainant.

                        Versus

1. Aggarwal Mobile Service Authorized Dealer Krishna Market, Pundri, Tehsil Pundri, Distt. Kaithal through its Manager.
2. Oppo Care Centre, 18A/10, Ground Floor, Chotu Ram Chowk, Dhand Road, Kaithal, Tehsil & Distt. Kaithal through its Manager.
3. Bajaj Allianz General Insurance Company Ltd., Barmhanand Chowk, Pundri, Tehsil Pundri, Distt. Kaithal through its General Manager.
4. Jitender Public Relation Officer, Bajaj Allianz General Insurance Company Ltd., Barmhanand Chowk, Pundri, Tehsil Pundri, Distt. Kaithal, Mob.-80598-98434).

….OP.

Complaint under Section 35 of the Consumer Protection Act, 2019.

 

CORAM:     SMT. NEELAM KASHYAP, PRESIDENT.

                SMT. SUMAN RANA, MEMBER.

                SH. SUNIL MOHAN TRIKHA, MEMBER.

 

Present:     Sh. D.S.Jammu, Advocate, for the complainant.   

                OPs exparte.

               

ORDER

SUMAN RANA, MEMBER

        Suresh Kumar-Complainant has filed this complaint under Section 35 of Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the OPs.  

2.                In nutshell, the facts of present case are that the complainant purchased mobile set make Oppo Model F9 Pro bearing IMEI No.866778049756293 vide bill No.1920 dt. 04.11.2018 for the sum of Rs.23,990/- from the OP No.1.  The above-said mobile set was duly insured by the OP No.1 through OP No.4 with the OP No.3 vide policy No.OG-19-1201-9931-00007822 valid for the period w.e.f. 04.11.2018 to 03.11.2019.  The case of complainant is that on 08.07.2019, the aforesaid mobile set was broken and screen/display/touch pad of the mobile set stopped working as the mobile set was fallen from the complainant.  The complainant requested the OPs for resolving his grievance which OP No.4 assured the complainant that the proposed damage estimate report has been prepared by the OP No.2, which is to be paid to the complainant but till date, grievance of complainant remained the same and the OPs failed to resolve the same.  Hence, this complaint is filed and prayed for acceptance of complaint.   

3.             Upon notice, the OPs did not appear.  OPs No.1, 3 & 4 were proceeded against exparte vide order dt. 18.03.2020 passed by this Commission and OP No.2 was proceeded against exparte vide order dt. 23.11.2020 passed by this Commission. 

4.             The complainant tendered in evidence affidavit Ex.CW1/A alongwith documents Annexure-C1 to Annexure-C7 and thereafter, closed the evidence.     

5.             We have heard the learned counsel for complainant and perused the case file carefully and minutely.

6.             Ld. counsel for the complainant has argued that the complainant purchased mobile set make Oppo Model F9 Pro bearing IMEI No.866778049756293 vide bill No.1920 dt. 04.11.2018 for the sum of Rs.23,990/- from the OP No.1.  The above-said mobile set was duly insured by the OP No.1 through OP No.4 with the OP No.3 vide policy No.OG-19-1201-9931-00007822 valid for the period w.e.f. 04.11.2018 to 03.11.2019.  It is further argued that on 08.07.2019, the aforesaid mobile set was broken and screen/display/touch pad of the mobile set stopped working as the mobile set was fallen from the complainant.  The complainant requested the OPs for resolving his grievance which OP No.4 assured the complainant that the proposed damage estimate report has been prepared by the OP No.2, which is to be paid to the complainant but till date, grievance of complainant remained the same and the OPs failed to resolve the same.  So, there is deficiency in service on the part of OPs.    

7.             It is clear from the job-sheet dt. 08.07.2019 as per Annexure-C2 that the mobile set in question was broken and screen/display/touch pad of the mobile set stopped working.  As per Annexure-C3, it is clear that the estimate of Rs.6977/- was given by OP No.2.  The complainant has testified all the contents in the affidavit so set out by him in the complaint.  Whereas, OPs are also proceeded against exparte as they did not appear in the court even one time.  So, the evidence produced by the complainant goes unrebutted and unchallenged against the OPs. 

8.             Thus, as a sequel of above discussion, we allow the complaint against the OPs No.3 & 4 and dismissed the complaint against OPs No.1 & 2 and direct the Ops No.3 & 4 jointly and severally to pay the repair charges of Rs.6977/- to the Op No.2 and thereafter, the Op No.2 will repair the mobile set in question.  The complainant is also directed to deposit the mobile set in question with the Op No.2 within 15 days from the date of this order and thereafter, the order be complied with within 30 days.  The OPs No.3 & 4 are also directed to pay Rs.5,000/- as lump sum compensation on account of physical harassment, mental agony as-well-as litigation charges.   

9.             In default of compliance of this order, proceedings against respondents-OPs No.3 & 4 shall be initiated under Section 72 of Consumer Protection Act, 2019 as non-compliance of court order shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty five thousand rupees, but which may extend to one lakh rupees, or with both. A copy of this order be sent to the parties free of cost. File be consigned to the record room after due compliance.

Announced in open court:

Dt.: 19.05.2023.

                                                                (Neelam Kashyap)

                                                                President.

(Sunil Mohan Trikha),           (Suman Rana),

Member.                            Member.

     

Typed by: Sanjay Kumar, S.G.