| ORDER | DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PATIALA. Complaint No. CC/16/20 of 22.1.2016 Decided on: 16.5.2016 Vishal Sharma aged about 21 years s/o Sh.Krishan Partap R/o H.No.33, Street No.8, New Prem Nagar, Bhadson Chungi, Patiala. …………...Complainant Versus 1. Apps daily Solution Pvt.Ltd. 6th Floor, C. Wing, Oberoi Garden Estate Chandivali Farm Road,Andheri (East), Mumbai-400072. 2. Jyoti Enterprises, Near 22 No.Phatak, Patiala. …………….Ops Complaint under Section 12 of the Consumer Protection Act. QUORUM Smt.Neelam Gupta, Member Smt.Sonia Bansal,Member Present: For the complainant: In person For Ops No.1&2: Ex-parte. ORDER SONIA BANSAL, MEMBER - Complainant Vishal Sharma s/o Sh.Krishan Partap R/o House No.33, Street No.8, New Prem Nagar, Bhadson Chungi, Patiala has filed this complaint against the opposite parties (hereinafter referred to as the Ops) under Section 11 to 14 of the Consumer Protection Act,1986( for short the Act). The brief facts of the complaint are as under:
- It is the case of the complainant that he had purchased a mobile hand set make SONY Z ultra Model Sony C 6802, colour black, IMEI No.357656053759286 for Rs.19500/-vide invoice No.162 dated 18.3.2015 with a warranty of one year. It is averred that the mobile hand set was got insured at Patiala through Jyoti Enterprises i.e. Op no.2 and the complainant paid charges amounting to Rs.1500/- for insurance of mobile hand set vide receipt No.2361 dated 21.3.2015. The complainant was given the assurance by the Ops that in case of theft, loss or damage of the mobile hand set, it will be covered under the insurance and insurance company will pay the cost of the mobile hand set within 21 working days.
- It is averred that mobile hand set got cracked on 21.6.2015 at 8.30 PM at Patiala and intimation was given to the concerned company within two days after the mobile hand set got cracked. It is further averred that complainant contacted the insurance company so many times to get the claim but all in vain. The intimation ID is AD_D_220615_2606185. It is alleged by the complainant that all these facts show that there is a deficiency of service on the part of the Ops. The complainant underwent a lot of mental agony, tension, harassment, inconvenience at the hands of the Ops. Hence this complaint with a prayer for a direction to the Ops to replace the cracked mobile hand set with a new manufacturing warranty or in alternative to refund the amount of Rs.19500/-( the cost of mobile hand set) alongwith interest @ 18% per annum from the date of purchase i.e. 18.3.2015 till realization and compensation of Rs.70,000/- for causing mental agony and harassment to the complainant and Rs.1000/- as cost of litigation expenses.
- Notice sent to Op no.1 dated 29.1.2016 has not been received back un-served and of Op no.2 has been duly served but none has appeared on behalf of Op no.2.Presuming their absence as willful , Ops no.1&2 were proceeded against exparte on 11.3.2016.
- In support of his case, the complainant produced in evidence his sworn affidavit Ex.CA alongwith documents Exs.C1 to C6 and closed the evidence. Written arguments have been filed by the complainant. We have heard the complainant in person and gone through the evidence placed on record.
- Ex.C1 is the copy of invoice whereby the complainant purchased one mobile hand set on 18.3.2015 vide invoice No.162 for a sum of Rs.19500/- and same mobile was got insured at Patiala through Jyoti Enterprises i.e. Op no.2 and complainant paid Rs.1500/- for the same vide Ex.C4, receipt No.2361 dated 21.3.2015.
- On 21.6.2015, the complainant was talking with someone on the phone, then suddenly one of the friend of complainant pushed him very hard from behind and mobile hand set fell down from the hand of complainant and got damaged. The complainant informed this incident to the insurance company and service centre where the inspection report of the damaged mobile hand set was made vide Ex.C2 whereas Ex.C3 is the e-mail sent by Apps daily solutions Pvt. Ltd. to the complainant in which the Op demanded some documents to process the insurance claim of mobile hand set and assured the complainant that on successful verification of documents by insurance company the complainant will receive an e-mail indicating approved claim amount .Ex.C6 is the copy of courier receipt whereby the complainant sent the mobile phone in question to Op no.1 and till date the mobile phone set is in the custody of the Op no.1
- Today during the course of arguments, the complainant stated that he had supplied all the documents demanded by Op no.1. Till date, the Op no.1 has neither replaced the mobile hand set with new one nor refunded the amount of Rs.19500/-.Non settlement of the claim of the complainant, while mobile hand set was duly insured with the Op, amounted to deficiency of service as also unfair trade practice on the part of the Op.
- In view of the aforesaid discussion, we accept the complaint with a direction to op no.1 to refund the amount of Rs.19500/-, the same being the price of the mobile phone set, as the mobile phone got damaged while it was duly insured with Op no.1.Op no.1 is further directed to pay an amount of Rs.5000/- as compensation for the harassment and mental agony experienced by the complainant on account of unfair trade practice as also deficiency of service on the part of Op no.1. In view of the facts and circumstances of the case, Op no.1 is also directed to pay an amount of Rs.3000/- as cost of litigation.
Pronounced Dated: 16.5.2016 Sonia Bansal Neelam Gupta Member Member | |
