Delhi

East Delhi

CC/309/2015

MUKESH - Complainant(s)

Versus

HERO HONDA - Opp.Party(s)

27 May 2016

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 309/15

 

Shri Mukesh Kumar

S/o Late Sh. Roshan Lal

R/o 422-G, Mayur Vihar,

Phase – I, Delhi – 110 091                                                           ….Complainant

 

Vs.

 

World Telecom House

D-100, Main Road, Vikas Marg

Laxmi Nagar, Delhi – 110 092

 

Purple Mobile Care

Head Office : F-10, LGF

Lajpat Nagar-2, New Delhi – 110 024                                      ….Opponents

 

 

Date of Institution: 18.05.2015

Judgment Reserved for : 27.05.2016

Judgment Passed on : 07.06.2016

 

Order By : Mrs. Harpreet Kaur Charya (Member)

 

JUDGEMENT

 

The complainant Shri Mukesh Kumar, has filed a complaint against M/s World Telecom House, D-100, Main Road, Vikas Marg, Laxmi Nagar, Delhi – 110 092 (OP-1) and M/s Purple Mobile Care, Head Office : F-10, LGF, Lajpat Nagar-2, New Delhi – 110 024 (OP-2) praying for the refund of the cost of mobile Rs. 14,200/- along with compensation of Rs. 50,000/- on account of harassment, mental agony and pain and Rs. 5000/- as cost of litigation.

2.        The facts in brief are that the complainant purchased a Samsung mobile set, model no. Samsung 9060 white on 09.08.2014 from OP-1 for a sum of Rs. 14,200/- vide bill no. 1067 and Tin no. 07230312734.  He was advised by OP-1 to take insurance for the above purchased handset against liquid, physical damage and theft.  It is further stated that OP-1 being an authorized agent of OP-2, issued an insurance receipt vide purple ID No. 11704 from the period 09.08.2014 to 09.08.2016.  In the month of December’ 2014, the screen of the mobile was damaged and OP-2 sent his executive on 03.01.2015 when the complaint was lodged with OP-1.  The executive of OP-2 issued a receipt vide job sheet No. 5076 and purple ID No. 11704.  The complainant was assured by the executive of OP-2 that his handset will be returned within 15-20 days.  The complainant further states that an email dated 02.02.15 was sent to OP-1 and OP-2, which was not replied by them.  

3.        Notice of the complaint was given to the OPs, but they did not put the appearance in spite of service.  Hence, they have been proceeded  ex-parte.

4.        In support of his case, the complainant has examined himself on affidavit.  He has narrated the facts, which have been stated in the complaint.

5.        We have heard the complainant in person and have perused the material placed on record.  From the affidavit and the documents such as bill and insurance receipt, it is evident that the complainant has purchased Samsung mobile set, model no. Samsung 9060 while on 09.08.2014 from OP-1 for a sum of Rs. 14,200/- vide bill no. 1067 and Tin no. 07230312734 and got it insured by paying an amount of Rs. 1420/- with two years warranty.  Perusal of the job card describes the defect as screen damage and On problem.  Further, perusal of insurance receipt shows that the mobile phone is ensured against liquid and physical damage and fifteen months theft and total loss covered.

6.        Since the mobile has been insured at the time of purchase by OPs, the complainant is entitled to get his phone repaired.   The OPs have failed to provide services as promised.  Thus, he has entitled to compensatin of Rs. 5,000/- on account of harassment, mental agony and pain and Rs. 5,000/- as cost of litigation. 

7.        In view of the above, it is directed to OP-2 to repair the phone of the complainant and OP-1 is directed to pay a total amount of                Rs. 10,000/- (Rs. 5,000/- towards compensation and Rs. 5,000/- as litigation charges)) to the complainant.  In case, he fails to pay the compensation within 45 days from the date of this order, then he shall be liable to pay an interest of 9% p.a. from the date of complaint till its realization.

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

File be consigned to Record Room.

 

(DR. P.N. TIWARI)                                                  (HARPREET KAUR CHARYA)

Member                                                                                Member                 

 

 

(SUKHDEV SINGH)

President