Haryana

Kurukshetra

109/2017

Gurdiyal Singh - Complainant(s)

Versus

Bike Shopee - Opp.Party(s)

Devender Mann

07 Mar 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KURUKSHETRA.

                                                     Complaint Case No.109 of 2017.

                                                     Date of institution: 25.05.2017.

                                                     Date of decision:07.03.2018.

Gurdial Singh son of Shri Chandgi Ram, r/o Village Barout, Tehsil Ladwa, District Kurukshetra.

                                                                        …Complainant.

                        Versus

1. Bike Shopee (Mobile Shopee), Indri Chowk, Ladwa, District Kurukshetra through its Proprietor Sh. Lavi @ Lovekesh.
2. App. Daily Solutions Pvt. Ltd., Shop No.315, C Wing, Shanti Shopping Centre, Mira Road, East, near Rail, Mumbai, MH 401107 (India), through its Managing Director. 

 

….Respondents.

BEFORE     SH. G.C.Garg, President.

                Sh. Kapil Dev Sharma, Member.

       

Present:     Sh. Devender Mann, Advocate, for complainant.   

                OPs exparte.

               

ORDER

                This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Gurdial Singh against Bike Shopee and another, the opposite parties.

2.            It is stated in the complaint that the complainant purchased a mobile set model Samsung A-510 bearing IMEI No.358005070587347 for a sum of Rs.24,900/- from the Op No.1 vide bill No.6929 dt. 20.05.2016.  It is alleged that the said mobile set was got insured by the Op No.1 from Op No.2 and premium of Rs.2500/- was charged by the Op No.1 on behalf of Op No.2.  It is further alleged that in the month of February, 2017 the said mobile set was kept on a table while it was on vibration and due to vibration, it fell on the ground and got damaged.  It is further alleged that the complainant approached the Op No.1 to get the mobile set repaired or replaced with the new one but the Op No.1 prolonged the matter on one pretext or the other and finally, refused to get the mobile set repaired or to replace the same with the new one.  Thereafter, the complainant lodged the complaint on 17.02.2017 directly to Op No.2 and the complaint was registered at number ADN 170217 197862360 and the said mobile set was handed over to the Op No.2 on 06.03.2017 but the Op No.2 did not carry out any repair of the said mobile set and sent back the mobile set in the same position to the complainant.  It is further alleged that the complainant also issued the legal notice dt. 04.05.2017 to the Ops but the Ops did not redress the grievances of the complainant.  So, it is a clear cut case of deficiency in service on the part of Ops and prayed for acceptance of complaint with the direction to Ops to replace the mobile set in question with the new one or to refund Rs.24,900/- as cost of mobile set alongwith interest @ 18% p.a. and further to pay Rs.40,000/- as compensation for harassment and mental agony as-well-as Rs.11,000/- as litigation charges. 

3.            Upon notice, the OP No.1 did not appear and opted to proceed  exparte vide order dt. 31.07.2017.  The correct address of Op No.2 was not available with the complainant, so, the Op No.2 was also proceeded exparte vide order dt. 06.03.2018.  The complainant tendered into evidence affidavit, Ex.CW1/A and documents Ex.C1 to Ex.C14 and thereafter, closed the evidences.

4.             We have heard the ld. Counsel for the complainant and perused the record carefully and minutely.

5.             It is on record that the complainant purchased the mobile set in question for a sum of Rs.24,900/- from the Op No.1 and an amount of Rs.2500/- was received by the Op No.1 from the complainant as the said mobile set in question was got insured by Op No.1 from Op No.2.  However, the Op No.2 has failed to explain the circumstances in this regard. 

                So, in these circumstances, the complaint of complainant stands allowed and Op No.2 is directed to pay the insurance amount of Rs.24,900/- to the complainant.  The order; be complied within a period of 60 days, failing which, penal action under Section 27 of the Consumer Protection Act, 1986 would be initiated against the opposite party No.2.  Copy of this order be communicated to the parties.  File be consigned to record after due compliance. 

Announced in open court:

Dt.: 07.03.2018.  

                                                                        (G.C.Garg)

                                                                        President.

 

 

(Kapil Dev Sharma)         

                                        Member