Delhi

North East

CC/24/2017

AMAN - Complainant(s)

Versus

DIGITEK CAFE - Opp.Party(s)

15 Jan 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 24/17

 

In the matter of:

 

	Aman through Sh. Subhash Chand (Father) R/o B-195 Gokul Puri Delhi 110094	Complainant
	Versus
1     2	M/s. Digital Café C-3/160, Yamuna Vihar, Delhi 53   M/s. Platinum Mobilecare Pvt Ltd. A-28/5 Kamla Nagar, Near Bank of Inida, Delhi	Opposite Parties

 

DATE OF INSTITUTION:         JUDGMENT RESERVED ON:               DATE OF DECISION      :

19.01.2017 09.01.2018 15.01.2018

 

 

 

N.K. Sharma, President

Ms. Sonica Mehrotra, Member

Ravindra Shankar Nagar, Member

ORDER

1. The complainant has filed the present complaint against M/s. Digital Cafe (OP1), M/s Platinum Mobilecare Pvt Ltd -(OP2) informing that he had purchased a Samsung Galaxy mobile phone bearing Model E-7 from OP1 for Rs. 19,500/- vide invoice No. 7306 dated 10.04.2015. The said mobile phone was insured for a premium of Rs. 1,950/- by OP2 vide invoice serial no. 55591 dated 10.04.2015 for a period of two years i.e. 10.04.2015 to 09.04.2017. The complainant has reported that the touch screen and display of the mobile phone got defunct after one year and as such the said mobile phone was handed over to OP1 for repair. After one week, the complainant was informed by OP1 that his mobile phone is beyond repair and if he wants to get it repaired, he would be charged Rs. 5,000/-.  When the complainant stated that the mobile phone is under insurance and as such he should not be charged for repair, it was reportedly said by OP1 that nothing can be done in this regard and if the complainant wants an amount of Rs. 1950/-, paid by complainant as premium of insurance cover would be refunded to him.Therefore, the complainant moved the present complaint with the prayer for directions to OPs to pay total of Rs. 41,450/- as compensation being refund of the invoice insurance amount of the mobile phone purchased by him, Rs. 10,000/- for mental agony and Rs. 10,000/- towards litigation expenses or send the matter to vigilance department for investigation.
2. Notices dated 8.2.17 were issued to both the OPs. The notice to OP2 was received back with postal remarks “LEFT”. The complainant submitted a photograph of business premises of OP1 reportedly taken on 31.3.2017 alongwith affidavit dated 01.04.2017. Since, OP1 & OP2 did not appear despite being provided many opportunities to them to appear before this Forum they were proceeded against ex parte vide order dated 07.04.2017.
3. Complainant filed ex parte affidavits of evidence exhibiting relevant documents in support of their case / defence.
4. Written arguments were filed by complainant on 14.11.2017.
5. We have heard the arguments forwarded by complainant and perused the documents placed on record. It is clearly mentioned that the complainant has taken insurance against his mobile phone but no service has been provided to complainant by OPs to complainant regarding repair of mobile phone. The OP being exparte, no rebuttal of claim of complainant was submitted by either of OPs. Therefore, we are of the considered opinion that the complainant has successfully established his case against the OPs unrebutted/ undisputed by the OPs.
6. We, therefore, hold the OPs guilty for deficiency in service and direct both the OPs jointly and severally as dealer and its authorized insurer to repair the mobile phone without any charge failing which they are directed to refund the invoice amount of Rs. 19,500/- towards the cost of the mobile phone and cost of premium charges of Rs. 1,950/- charged from the complainant alongwith interest @ 9% p.a. from the date of filing of the complaint till realization to the complainant. We also award a sum of Rs. 3,000/- towards compensation for mental agony and harassment and Rs. 1,000/- as cost of litigation. Let the order be complied within 30 days from receipt of copy of this order. 
7.  Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
8.   File be consigned to record room.
9.   Announced on  15.01.2018   

 

(N.K. Sharma)      President

(Sonica Mehrotra) Member

(Ravindra Shankar Nagar) Member