Delhi

West Delhi

CC/17/440

GAGAN SINGLA - Complainant(s)

Versus

BAJAJ ALLIANZ GEN INS. - Opp.Party(s)

16 Jul 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (WEST)

150-151; COMMUNINTY CENTER ; C-BLOCK; JANAK PURI; NEW DELHI

 

CASE NO. 440/17

Sh. Gagan Singla 

S/o Late Sh. Chander Singla

R/o A-1/63, First Floor, Paschim Vihar,

Near Lal Market New Delhi-110063             …….     Complainant

 

VERSUS

1. Bajaj Allianz General Insurance Co. Ltd. , 2/2A Universal Insurance  Building,  Asaf Ali Road  Ali Road, New Delhi-110002.
2. Bajaj Allianz  General Insurance Co. Ltd  ,Ge Plaza  Airport  Road Yerawada Pune -411006.
3. Spice Hot spot  Shop  No. G-2, Plot 1 , Block –A Community Centre Complex Paschim Vihar Opposie Jawala Heri Market Delhi -110063                        
4. Bajaj  Finance Ltd.  Office  no, 1152, 11^th & 13^th  Floor Aggarwal  Metro Height  Tower, Tank Road Netaji Subhash Palace  Complex, Pitam Pura, New Delji-110034,
5. B2X Service  Solutions India Pvt. Ltd, CG-08, Ansal  Plaza, Khel Gaon,   New Delhi-110049                 ..…Opposite  [Parties            

 

O R D E R

K.S. MOHI, PRESIDENT

The complainant has filed the present complaint against the O.P under section 12 of Consumer Protection Act, 1986.  The

 

facts as alleged in the complaint are that he has purchased I- Phone6, 64 GB, Gold  colour  for a sum of Rs. 65,000/- from OP-3 and at the time of purchase the OP No-3  gave  offer to complainant  that there was provision of EMI for I phone for 0% interest from Bajaj Finance Ltd. OP-4. There upon the complainant took sanction of loan for Rs. 39,500/-  from OP-4 on 0% interest.  At the time of sanction of loan OP-4 gave assurance of extended warranty  for hand set  on EMI  basis.  The complainant continue paying of EMI to OP-4 from his saving account. 

On 16.5.2017 the complainant received one call from OP No.-5 for pick up of hand set and OP-5 gave estimate invoice  to  OP-1 and OP-2  for approval  of amount of Rs. 24,766/-.  The complainant was shocked to know that OP-1 and OP-2 has given  unreasonable offer instead of hand set. Thereafter the complainant received hand set  from OP -5 on 01.06.2017 and tried to contact OP-1 and OP-2 to settled the issue but no reply was received.  Due to defective hand set the complainant being a lawyer suffered  many  losses  and also suffered   mental harassment and agony. 

 

 

Therefore, the complaint was filed before  this fora by the complainant with directions to OPs  either to replace hand set with new one  or refund.

Notice was sent to all the OPs .  OP -2 was proceeded ex-parte whereas remaining OPs filed reply. The case at the stage of filing rejoinder and evidence  by complainant  when the complainant  appeared in the fora on 16.07.2018  and made statement  that the matter  stood settled  with the OPs  and that he was  not claiming  any amount from the OPs with regard to the handset but was pressing for compensation towards litigation expenses.

 We have heard complainant in person  and Counsel for OP.

Though the matter stood settled between the parties but the complainant has not mentioned as to on which date  the matter stood settled.  Nevertheless the present complaint was filed in July 2017  and  it took nearly one year for OPs to resolve the  issue for which we feel that the complainant should be reasonably compensated.  Therefore we pass an award of             Rs. 5,000/- passed in favour of complainant  and against OPs.  Towards  harassment and litigation expenses.  

 

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

  Announced this__16____ day of ___July______ 2018.

 

( K.S. MOHI )                                      (PUNEET LAMBA)                                                                                                                                                                                                                                                      PRESIDENT                                             MEMBER