O R D E R
Subhash Gupta, Member
The complainant has filed the present complaint against O.P under section 12 of the Consumer Protection Act, 1986. The facts as alleged in the complaint are that complainant had purchased a Mobile Phone make Micromax Canvas Turbo Model No.A-254 bearing IMEI No.911334752253527 from OP-1 vide invoice No.2730 dated 24.02.2014 for a sum of Rs.15,800/-. It is alleged that at time of purchase, the O.P-1 persuaded it the complainant to get the mobile handset insured from O.P-2 for a period of 2 years and the O.P-1 charged an amount of Rs.1,738/- from the complainant in this regard. It is further alleged in the complaint that the touch screen of the said mobile phone broke due to fall and the complainant approached O.Ps or lodging his claim. It is alleged that O.P-2 received the said mobile phone from the complainant on 15.12.2014 vide receipt No.4160. The O.P-2 advised the complainant to approach the service centre of Micromax at GTB Nagar, Delhi which informed him that the total cost of the repair of the said mobile phone will be between Rs.6,500/- to Rs.7,000/-. It is further alleged in the complaint that on 18.02.2015 O.P-2 handed over the phone to the complainant but the same was having the same problems and it was not repaired by O.P-2 to the satisfaction of the complainant. It is further alleged in the complaint that legal notice was issued and subsequently the present complaint was filed against the O.Ps. The complainant vide this complaint seeks new mobile phone or repairs of the mobile phone, Rs.7,000/- towards approximate cost of repairs, Rs.25,000/- as compensation for mental agony and harassment and Rs.11,000/- litigation expenses.
2. The notice of the complaint was served on the O.Ps and as none appeared on its behalf, therefore, O.Ps were proceeded ex-parte vide orders dated 19.08.2015. Complainant has filed his affidavit in support of his complaint. The complainant has also filed cash memo issued by O.P-1 showing the purchase of the said mobile phone.
3. The complainant has also filed insurance claim receipt issued by O.P-2 i.e. S.G. Solutions. The complainant has also filed a service request/ jobsheet issued by S.G. Solutions.
4. We have gone through the complaint and documents filed by the complainant. From the service request/ jobsheet filed by the complainant it is clear that the touch screen was broken which fact also has been pleaded by the complainant. We have also gone through the terms and conditions on the insurance appearing on the back of S.G. Solutions receipt filed by the complainant. It is clear from the terms and conditions of the insurance that accidental damaged (including water damage and physical breakdown) was to be covered in the first year. Admittedly the mobile phone was purchased on 24.02.2014 and on the same date the insurance policy was issued. The problems in the handset due to touch screen broken occurred on 15.12.2014. It is clear that this happened within 1 year of the purchase of the mobile phone which was covered by insurance for the relevant period. The complainant has not filed any technical report/ estimate of repair of touch screen. However, believing the complainant evidence to be true that it will cost around Rs.6,500 to Rs.7,000/-, we are of the view that the ends of justice will be met by directing O.P-2 to pay a sum of Rs.6,500/- to the complainant. We also award a sum of Rs.2,000/- towards mental agony and harassment which will also include cost of litigation. Ordered accordingly.
Copy of this order be sent to the parties as per rules.
Announced this 19th day of February, 2016.
(K.S. MOHI) (SUBHASH GUPTA) (SHAHINA)
President Member Member
