Delhi

North East

CC/302/2016

ROHIT KUMAR - Complainant(s)

Versus

GURUKULTELECOM - Opp.Party(s)

13 Sep 2017

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.302/16

In the matter of:

 

		Rohit Kumar S/o Rajpal Chauhan R/o House No. 1, Street No. 2, Near Sona Public School, Chauhan Patti, Delhi-110094.		Complainant
		Versus
	1         2	Syska Gadget Secure SSK Retails Pvt Ltd. Add:-7, Akshay complex,off Dhola Patil Road, Pune-411001.   Perfect Solutions Micro-max Care, E-3, Lower Ground Floor, (Opp. Dena Bank) Main Market Kalkaji, New Delhi-110019.		Opposite Parties
			DATE OF INSTITUTION:		07.11.2016
			JUDGEMENT RESERVED ON :		12.09.2017
			DATE OF DECISION      :		13.09.2017

 

 

N.K.Sharma, President:-

Ms.Harpreet Kaur Charya, Member:-

Order by Ms. Harpreet Kaur Charya

ORDER

1. Present complaint has been filed by Sh. Rohit Kumar, the complainant against Guru Kirpa Telecom – OP1 the retailer, Syska Gadget Secure – OP2 the insurer and Perfect Solutions – OP3 the service centre.

On 8^th June 2016 the complainant purchased a Micro-max Mobile                  Q450 bearing IMEI No. 911432550091683 for Rs. 8,600/- from OP1 for which invoice No. 1098 was issued. Complainant also purchased insurance plan of OP2 for Rs.599/- vide invoice No. 1099 from OP1. It is stated that at the time of sale OP1 had informed the complainant that the said handset will be insured against physical damage and in case of claim the handset shall be repaired free of cost and in case the handset was beyond               repairs, 75% of the invoice amount shall be given to the complainant. It is further stated that on 30^th July 2016, the handset of the complainant got damaged due to accident and on the same day the complaint was lodged with OP2 on toll free number for which complaint No. 1607308593 was given. The complainant was then asked to upload the necessary document for filing claim on Syska Care care@syskagadgetsecure.com which was done on 8^th August 2016. The complainant was asked to visit OP3, the service centre where the handset was deposited for repairs. On 31.08.2016 the complainant was informed that the repairs estimate had been approved and the handset shall be delivered in 29 to 30 days. It is also stated that            on 14^th October 2016, the complainant was informed by OP3 that as OP2 had not approved of the bill for repairs, due to which the handset could not be repaired. As the grievance of the complainant was not addressed by OPs, the present complaint praying for refund of Rs. 8,600/-, compensation of Rs. 10,000/- and Rs. 5,000/- as litigation expenses.

Online jobsheet booking dated 16.08.2016, E-mail dated 08.08.2016, Retail invoices dated 08.06.2016 bearing no. 1098, 1099. online status have been annexed with the complaint.

2. Notice of present complaint was served upon all the OPs, neither any reply was filed nor anyone appeared on their behalf. Hence they were proceeded Ex-parte.
3. Complainant filed his Ex-parte evidence by way of affidavit where he has reiterated the contents of the complaint.
4. We have heard the complainant and have perused the material placed on record. The complainant has placed on record print out of current status of his claim which reflects that the complainant has lodged claim for accidental physical damage and the current status is being reflected as “your jobsheet is in process”. No other documents or jobsheet has been annexed with the complaint, as OPs have failed to appear, the averments made in the complaint have remain uncontroverted. OP1 being the seller and OP2 is the service centre, they cannot be held liable for deficiency in services as OP3 is the service centre who was to repair the said handset after the bill for repairs was to be approved by OP2, the insurer.

The fact the complainant has lodged claim with OP2, which the OP2 has failed to settle clearly amounts to deficiency in service. Hence, we direct OP2 to settle the claim of the complainant as per terms & conditions, we also award compensation of Rs. 3,000/- inclusive of litigation cost as             OP2 has failed to process the claim of the complainant. This order be complied within 30 days by OP2 from the receipt hereof.

5. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
6. File be consigned to record room.

(Announced on  13.09.2017)         

 

(N.K. Sharma) President

(Harpreet Kaur Charya) Member