Delhi

East Delhi

CC/983/2015

MRIDUL JAIN - Complainant(s)

Versus

CROSS ROAD INDIA - Opp.Party(s)

04 Apr 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

 

C.C. NO 983/15

 

Shri Mridul Jain

S/o Sh. Ravinder Kumar Jain

R/o 125, Rishabh Vihar

Delhi-110092R

…Complainant

Vs.

 

Cross Roads India Assistance Pvt. Ltd.

X-1, Okhla Industrial Area, Phase-II,

Delhi- 110020

(Through its MD/ Director/ Principal Officer)

…Opposite party

 

 

Date of Institution: 30.12.2015

Judgement Reserved on: 04.04.2019

Judgement Pronounced on: 09.04.2019

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Harpreet Kaur Charya (Member)

Judgement

Jurisdiction of this forum has been invoked by Shri Mridul Jain, the complainant against Cross Roads India Assistance Pvt. Ltd (OP) with allegations of unfair trade practice and deficiency in services.

Facts in brief of the present complaint are that the complainant had been using services offered by OP since 2014 and on 21.08.2015, the executive of OP visited the office of complainant for the renewal of the said membership, for which cheque bearing no. 255513 drawn on SBI, Tis Hazari was issued. Receipt no. AH/9416 was issued alongwith card of Unicare Health India Pvt. Ltd. and scratch card of Looks Essencia near Nirman Vihar Metro Station, was also provided on the renewal of the said membership no. 11198001241 for a period from 25.08.2015to 25.08.2016. The complainant was informed that the services could be availed on or after 25.08.2015. It has been stated that on 30.08.2015 at about 1400 hrs to 1500 hrs, the vehicle of the complainant met with an accident for which a call was made to the helpline number 47090909 of OP, where he was informed by the person name Shri Deepak that in the case of accident no services were to be provided. On confrontation, the said Shri Deepak told that it was mentioned in the terms and conditions on the card issued by OP. The complainant had further stated that due to the adamant attitude of said Shri Deepak the complainant had to face great difficulty and was constrained to leave his car on the road side. It was only after 2 to 3 days the complainant could take his car to service centre with the help of his friends. The conduct of OP had resulted in delay in repair of the car and the complainant had to spend money of taxies for that period. Legal notice dated 20.10.2015 was neither replied nor complied with. Feeling aggrieved, hence the present compliant with direction to OP to pay Rs. 50,000/- as compensation on account of damaged mental pain, humiliation and amount spent on conveyance alongwith interest @24% per annum and litigation expenses.

The complainant has annexed the invoice dated 21.08.2015 alongwith terms and conditions, card issued by OP, invoice of the expenses incurred for the repairs of the vehicle, Legal notice dated 20.10.2015 alongwith postal receipt with his compliant.

Written statement was filed by OP upon service of the summons. The factum of the complainant contacting the customer service on 30.08.2015 was admitted. It was submitted that the executive at the customer care had offered the crane service of the company which was to be paid by the complainant in addition to the membership fees to which the complainant refused and threatened the executive with dire consequences as the complainant was an advocate. It was submitted that no bills had been attached by the complainant regarding the use of taxi. Rest of the contents of the complaint have also been denied. Terms and conditions alongwith authority letter have been filed with the reply.

Rejoinder was filed by the complainant wherein the contents of the written statement have been denied and those of the complaint have been reiterated. It was submitted that there was an accident for which OP customer service was called, it was not disclosed that the vehicle had met with an accident with road side public property or private property. The only concern for which the OP was informed was regarding any miss-happening due to leakage of gas.

Evidence by way of affidavit was filed by the complainant, wherein he has reiterated the contents of the complaint where he has deposed the contents of his complaint and has got exhibited the complaint as Ex.CW1/1, replication as Ex.CW1/2, receipt issued by OP as Ex.CW1/3, terms and conditions alongwith card issued by OP as Ex.CW1/4 and Ex.CW1/5 respectively, repair bill as Ex.CW1/6, Legal notice alongwith postal receipt as Ex.CW1/7.

 Shri Devender Singh Yadav, was examined on behalf of OP, who has repeated the contents of their reply on oath.

We have heard the submissions on behalf of Ld. Counsel for Complainant and have perused the material placed on record since no one appeared on behalf of OP. Membership of the complainant was an admitted fact as well as the call made by the complainant to the customer service center on 30.08.2015 around 1400 hrs to 1500 hrs. What is to be decided is whether the OP was deficient in providing road side assistance to the complainant in the event of accident. The Complainant has placed reliance on the invoice issued by OP i.e. Ex.CW1/3 alongwith terms and conditions: In Ex.CW1/4, no where it has been mentioned that the road side services/ assistance in case of accident shall not be provided. Thus, OP has failed to provide the services as assured at the time of selling the membership. Since, the complainant has not placed on record any invoice to substantiate his averment that he was constrained to use taxi as well as no bill for towing of the vehicle, the quantum of harassment and mental agony cannot be ascertained, therefore, in facts and circumstances of the present case, we direct OP to pay Rs. 2,500/- as compensation on account of harassment and mental agony.

This order be complied within 30 days from the date of receipt of the order else compensation shall carry interest @9% from the date of order till realization.

Copy of the order be supplied to the parties as per rules.

            File be consigned to Record Room.

 

 

 (HARPREET KAUR CHARYA                            (SUKHDEV SINGH)

                Member                                                   President