BEFORE THE DISTT.CONSUMER DISPUTES REDRESSAL FORUM; FATEHABAD.
Complaint No.307 of 2016.
Date of Instt.:06.12.2016.
Date of Decision: 20.02.2017.
Sunil Kumar son of Sh.Jagdish Chander care of Kaushal son of Sh.Mahesh Kumar resident of Lajpat Nagar, Near Shani Mandir, Fatehabad Contact number 89305-37724.
..Complainant
Versus
1. Bhagwati Mobile, Palika Bazar, Fatehabad (125050)
2.Apps Daily Solutions Pvt. Limited Previously Onwards Mobility Solutions Pvt. Limited) C-Wing, 6th Oberoi Garden Estate, Chandivali.
3.Apps Daily Solutions Pvt. Limited (Service Centre) M.C.Market Shop number-67 Sirsa, Haryana.
..Opposite Parties.
Before: Sh.Raghbir Singh, President.
Smt.Ansuya Bishnoi, Member.
Present: Complainant in person.
Opposite parties exparte.
ORDER
The complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against the opposite parties with the averments that he had purchased a mobile/Handset Goinee 5.1 bearing IMEI No.862704027971476 from OP No.1 for a sum of Rs.12000/- on 06.11.2015 and also got the same insured vide card bearing serial number DCP (M) 5346856 by paying Rs.1300/- in cash to the OP No.1. It has been further averred that on 09.10.2016 mobile phone of the complainant fell down and got damaged. The complainant intimated the matter to Op No.1 who sent him to Op No.3-service centre but it only narrated about the problems in the mobile and failed to provide any satisfactory service despite the fact that the mobile phone was under insurance coverage. It has been further averred that he requested the OPs either to replace the mobile or to return the cost thereof and also got served legal notices upon them but to no avail. The act and conduct of the OPs clearly amounts to deficiency in service on their part. In evidence, the complainant has tendered his affidavit as Annexure C1 and documents as Annexure C2 to Annexure C9.
2. Notices were sent to the Ops but none had turned up on behalf of the OPs, therefore, they were proceeded against exparte vide order dated 09.01.2017.
3. We have heard the complainant and have gone through the case file carefully.
4. It is established on case file that complainant had purchased the mobile in question from OP No.1 vide invoice No.14437 on 06.11.2015 as is evident vide bill Annexure-1. According to the complainant, he had also got the mobile in question insured with OP No.2 through OP No.1 by paying Rs.1300/- in cash. The document Annexure 3 reveals that the mobile in question was insured with OP No.2. The complainant argued that on 09.10.2016 his mobile fell down and got damaged during subsistence of the insurance but the OPs did not pay the claim regarding this despite depositing of requisite documents and receiving of premium of the insurance. The complainant has placed on file his affidavit as Annexure C1 wherein he has testified all the facts so set out by him in his complaint. It has been further argued by complainant that he had got insured the mobile for covering risk of theft and physical damage to the same by paying Rs.1300/- through OP No.1, therefore, the OPs were liable to pay the claim amount to the complainant of the mobile.
5. Since the pleadings and contentions put forth by the complainant remained unrebutted as the Ops did not join the proceedings of the case and opted to remain exparte, therefore, we have no hitch to reach at a conclusion that the present complaint deserves acceptance. Hence, the present complaint is allowed. Since the complaiannt has used the mobile in question for almost 9 months, therefore, the OP Nos.2 & 3 are directed to make payment of the claim of the complainant after making necessary deductions keeping in view the terms and conditions of the insurance policy prevellant at the time of obtaining of the insurance by the complainant subject to depositing of mobile handset alongwith its accessory by the complinant. We also direct the OP Nos. 2 & 3 to pay a sum of Rs.1000/- in lump sum as compensation to the complainant for harassment, mental agony and litigation expenses etc. The OP no.1 i.e. dealer is exonerated from any liability as it has no role to play in the matter in question. This order should be complied jointly and severally within a period of 30 days from the receipt of this order, failing which the awarded amount will carry interest @ 9% from the date of order till actual realization. Copy of this order be supplied to the parties free of cost. File be consigned after due compliance.
Announced in open Forum.
Dated:20.02.2017.
(Raghbir Singh)
President,
(Ansuya Bishnoi) Distt.Consumer Disputes
Member, Redressal Forum, Fatehabad.
