Delhi

East Delhi

CC/261/2016

DEEPAK - Complainant(s)

Versus

AMAN TELECOM - Opp.Party(s)

12 Nov 2018

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

 

C.C. NO. 261/16

 

Mr. DEEPAK KUMAR THAKUR

S/O Shri KRISHAN KUMAR THAKUR

R/O 109, E-BLOCK, GANESH NAGAR COMPLEX,

PANDAV NAGAR, DELHI-110092

•  

 

Vs

 

 

1. AMAN TELECOM

D-191, NALANDA CHOWK,

WEST VINOD NAGAR,

MAIN ROAD MANDAWALI,

1.  

 

2. SYSKA GADGET SECURE-1299
4.  

PLOT NO. 80, S. NO. 232,

NEW AIRPORT ROAD NEAR SYMBOSIS COLLEGE,

SAKORE NAGAR, VIMAN NAGAR,

PUNE (MAHARASHTRA)-411014

 

3. I-PICK SOLUTIONS INDIA PVT. LTD.

B-13, BASEMENT JAGDAMBA TOWER,

COMMERCIAL MARKET, PREET VIHAR,

NEW DELHI-110092

 

                                                                                                                         ….Opponents

 

Date of Institution: 20.05.2016

Judgment Reserved for: 12.11.2018

Judgment Passed on: 19.11.2018

CORUM:

Sh. SUKHDEV SINGH                  (PRESIDENT)

Dr. P.N. TIWARI                            (MEMBER)

Ms. HARPREET KAUR CHARYA (MEMBER)

 

ORDER BY: MS. HARPREET KAUR CHARYA (MEMBER)

JUDGEMENT

1. Jurisdiction of this forum has been invoked by complainant Shri Deepak Kumar Thakur against, Aman Telecom (OP-1) the seller, Syska Gadget Secure (OP-2) Protection Plan Provider, I-Pick Solutions India Pvt. Ltd. (OP-3) Service Provider, with allegations of deficiency in services and unfair trade practice.
2. Briefly stated the facts are that the complainant purchased Micromax Model M-Max Mobile Q450, Silver5, 911432550293040 from OP-1 on 09.08.2015 vide invoice no. 702 for Rs.19,499/- which includes, Rs.1,299/- for Syska Gadget Secure. On 24.11.2015, the Mobile Phone slipped from the hand of the complainant due to which it got damaged and complaint was registered with OP-2. On the instruction of OP-2 and executive from I-Pick India Pvt. Ltd. i.e. OP-3 collected the handset for repair on 15.12.2015 and issued a job sheet no. 196. It has been stated that even after lapse of three months the handset of the complainant has not been returned due to which he was facing hardship, as the data and the contact numbers have been saved in the said handset thus he was unable to contact his customers.

Legal notice dated 23.02.2016 were served upon OP which was neither replied nor complied with. Hence, the present complaint seeking directions to OP to return the handset in working condition, Rs.75,000/- along with interest as compensation for physical and mental agony and Rs.15,000/- as litigation expenses.

Retail invoice dated 09.08.2015 issued by OP-1, job sheet dated 15.12.2015 issued by OP-3, legal notice dated 23.02.2016 and postal receipt along with tracking report have been annexed with the complaint.

3. The complaint was amended wherein the manufacturer Micromax was impleaded as party (OP-4), but subsequently an application seeking deletion of OP-4 filed which was allowed and OP-4 was deleted from array of the parties.
4. OP-1 and OP-3 failed to appear despite service, hence, they were proceeded ex-parte.

Written Statement was filed on behalf of OP-2 where they have stated that the complainant should contact the service centre i.e. OP-3 and as the complainant wanted the handset in question to be repaired within two working days, which was not possible till the approval of the claim by insurance company. It was further submitted that OP-2 was only the service provider and the said handset was insured with M/S New India Assurance Company Ltd., for which the claim should have been lodged with the insurance company. Thus, the complaint was bad for mis-joinder and non-joinder of parties. Rest of the contents of the complaint have been denied.

5. Rejoinder was filed by the complainant to the written statement of OP-2 wherein the averments of the reply of OP-2 were denied and the contents of the complaint were reiterated. It was submitted that the complainant had not been provided any documents at the time to purchase regarding the insurance issued by M/S New India Assurance Company Ltd., and it was OP-2 who had sold the protection cover.
6. Evidence by way of affidavit was filed by the complainant, where he has got himself examined and has deposed the contents of the complaint on oath. He has got exhibited the copy of the retail invoice as Ex.CW1/1, copy of the job sheet as Ex.CW1/2.
7. OP-2 got examined Shri Pramod Lakade authorised representative of OP-2 who has also reiterated the contents of their written statement and has got exhibited board resolution as Ex. OP-2/1.
8. We have heard the arguments on behalf of Ld. Counsel for the complainant and           Ld.  Counsel for OP-3. Perusal of the material placed on record reveals that the handset was covered against damage and the same was handed over to OP-3 for repair. If a look is made to the written statement filed on behalf of OP-2, they have stated that they are mere service providers, however neither they have mentioned that the details of the insurance company had been shared with the complainant; nor have they disclosed any policy number in the reply as well. Once OP-2 has sold the protection cover and has directed the complainant to handover the handset to OP-3 for repair they cannot evade from their liability.
9. As OP-3 has failed to return the handset to the complainant this also amounts to deficiency in service.
10. Hence, we direct OP-2 and OP-3 to jointly and severally pay the cost of the handset i.e. Rs. 18,200/- as printed in the invoice dated 09.082015. We further award compensation of Rs. 7,500/- on account of mental pain, agony and harassment inclusive litigation expenses as OP-2 and OP-3 have failed to deliver the service as promised. No liability can be fastened on OP-1 as they are mere retailers of the handset.

The said order can be complied within 30 days from the date of receipt of order, if not complied Rs.18,200+7500/- shall carry interest @9% from the date of filing of the complaint till realization.

Copy of this order be sent to both the parties as per law.

 

 

(Dr. P.N. TIWARI)                                                                    (HARPREET KAUR CHARYA)              

      MEMBER                                                                                            MEMBER

 

 

                                                (SUKHDEV SINGH)

                                                PRESIDENT