DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 1288/2016
D.No.__________________ Date: ________________
IN THE MATTER OF:
ANIKAIT JAIN S/o SH. RAJESH KUMAR JAIN,
R/o A-44, AHINSA VIHAR, SECTOR-9,
ROHINI, DELHI-110085. … COMPLAINANT
Versus
1.CROMA,
SHOP No. GI, UNITY ONE,
MULTILEVEL CAR PARKING,
SEC-10, NEAR ROHINI WEST METRO STATION,
ROHINI, DELHI-110085.
2. GIZMO HELP,
76-B, UDYOG VIHAR, PH-IV,
GURGAON-122001. … OPPOSITE PARTY(IES)
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 15.12.2016
Date of decision:02.11.2018
MS. USHA KHANNA, MEMBER
ORDER
1. The complainant has filed the present complaint against the OPs under Section 12 of the Consumer Protection Act, 1986 therebyalleging that the complainant purchased a Samsung Note 5 Gold N20G64GBC (Sr. No. 355011070101173) mobile handset vide
CC No. 1288/2016 Page 1 of 6
invoice bill transaction no. SLF02A003050087972 on 03.01.2016 of Rs.57,244/- (i.e. Rs.51,744/- + Rs.5,500/-) from OP-1 and according to OP-1 assurance an insurance policy for mobile handset for OP-2 has also been given by OP-1 amounting to Rs.2,699/- as per above said invoice. The complainant further alleged that the mobile handset was physically damaged at Kashmiri Gate Metro Station at 10:10 a.m. on 23.11.2016 as the complainant was standing in a huge line to board the metro train at Kashmiri Gate Metro Station for going to Chandni Chowk metro station and during boarding in train, somebody tried to pick the pocket & mobile handset of the complainant and the complainant immediately tried to held his hand in the huge rush time but during this attempt the mobile handset fell down & pushed to railway track line by feet of crowd & the mobile handset damaged under the wheel of metro train on railway track and the complainant was unable to get the damaged body of the mobile handset due to restriction of Metro Authority to cross the security yellow line on the platform. During the purchase of mobile handset, the complainant was told that any type of damage or theft would be covered under the insurance policy of OP-2. The complainant further alleged that the complainant intimated OP-2’s help line no. 9876298763 immediately regarding the physical damage of the mobile handset by telephone and during
CC No. 1288/2016 Page 2 of 6
discussion with Mr. Krishna (the representative of OP-2) on 23.11.2016 and the complainant was suggested by Mr. Krishna vide ticket no. 35236 (recorded conversation) to make an FIR for total loss & the complainant will be able to get the re-imbursement of cost of the mobile handset as insurance claim. Thereafter, the complainant informed telephone Gizmo help on 23.11.2016 at 2:00 p.m. & during conversation with Mr. Krishna and the complainant was intimated that as the mobile handset was purchased from OP-1 and so it could not be covered under insurance policy. The complainant further alleged that the complainant also sent an e-mail to OP-2 on 24.11.2016 at 5:34 p.m. regarding the physical damage of the mobile handset & settlement of insurance claim and the complainant received on e-mail from OP-2 on 24.11.2016 at 8:10 p.m. that the complainant has lost the device therefore insurance is not applicable in the case and the complainant again sent an e-mail to OP-2 on 24.11.2016 at 9:07 p.m. that the customer support is misleading the customer & make the customer fool by this way or that way & harassing the valuable customer. On 25.11.2016, the complainant approached OP-1 to get the settlement at the insurance of the mobile handset but the complainant was surprised to know from OP-1 that OPs have removed the Gizmo help as an insurance agent/party as OP-2have refused to settle the
CC No. 1288/2016 Page 3 of 6
other claim also. During purchase of the mobile handset, the complainant was informed by OP-1 & also by OP-2 that every loss/damage of mobile handset will be covered under the insurance policy but now OP-2 is giving the reference of various hidden & term & condition at the insurance policy & refused to entertain the insurance claim and both OPs are making fool to the complainant and the complainant accordingly alleged that there is deficiency in service and unfair trade practice on the part of OPs.
2. On these allegations the complainant filed the complaint praying for direction to OPs to instruct OPs to give the insurance claim by paying the complainant the full cost of the mobile handset (i.e. Rs.51,744/- + Rs.5,500/-) thereby totaling Rs.57,244/-, to pay the mobile cost of Rs.57,244/- paid by the complainant to OP-1 as well as compensation for causing mental harassment, agony and torture and has also sought Rs.35,000/- as litigation expenses.
3. Earlier, AR on behalf of OP-1 has appeared & filed authority letter and has sought time to file written statement on 13.07.2017. Whereas notice to OP-2 was issued through speed post for appearance on 01.03.2017 & 13.07.2017 and the notices to OP-2 were served on 26.05.2017. But none have appeared on behalf of OPs on 13.07.2017, 08.08.2017, 07.11.2017 & 17.01.2018. As such OPs were proceeded ex-parte vide order dated 17.01.2018.
CC No. 1288/2016 Page 4 of 6
4. In order to prove hiscase the complainant filed his affidavit in evidence and also filed written arguments. The complainant has also placed on record copy of duplicate invoice dated 03.01.2016 issued by OP-1 and copies of e-mail communication between the parties.
5. This forum has considered the case of the complainant in the light of evidence and documents placed on record by the complainant. The case of the complainant has remainedconsistent and undoubted. The complainant has made so many complaints on telephone to OPs and OPs did not refund the claim amount of the complainant. Accordingly, both the OPsare held guilty of unfair trade practice and deficiency in service.
6. Accordingly, both the OPsjointly or severally are directed as under:
i) To refund the cost of the mobile handset i.e. Rs.57,244/- on return of the original bill & accessories by the complainant.
ii) To pay to the complainant an amount of Rs.8,000/- as compensation towards mental agony and harassment caused to the complainant which includes cost of litigation.
7. The above amount shall be paid by both the OPsjointly or severally to the complainant within 30 days from the date of receiving copy of this order failing which OPs shall be liable to pay interest on the entire awarded amount @ 10% perannum from the date of receiving
CC No. 1288/2016 Page 5 of 6
copy of this order till the date of payment. If OPsfail to comply the order within 30 days from the date of receiving copy of this order, thecomplainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
8. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 2ndday of November, 2018.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
CC No. 1288/2016 Page 6 of 6
