Delhi

West Delhi

CC/15/216

SUMIT SARNA - Complainant(s)

Versus

HOME SERVE NETWORK - Opp.Party(s)

15 Oct 2016

ORDER

CONSUMER DISPUTES REDRESSAL FORUM (WEST)

GOVERNMENT OF NCT OF DELHI

150-151, Community Centre, C-Block, JanakPuri, New Delhi – 110058

 

                                                                                     Date of institution          6.4.15

 

Complaint Case. No 216/15                                                                Date of order           15.10.16              

In the matter of

 

Sh. Sumit Sarna,

S/o Sh. Anand Sarna,

R/o D-69A, Fateh Nagar,

Tilak Nagar, New Delhi-18.                                                                                       COMPLAINANT

VERSUS

Home Serve Network,

114 Western Mall,

Near Piccadily Hotel,

Janak Puri, New Delhi-58.                                                                

Also at:

27/5 Double Storey,

Ashok Nagar, Tilak Nagar,

Near Tilak Nagar Metro Station,

New Delhi-18.

 

Shop No.4A/4B, 1^st Floor, Ajendra Place,

Prem Nagar,New Delhi-07.                                                                           OPPOSITE PARTY-1

 

 

Paladin Systems Pvt. Ltd.,

27/5, Double Storey,

Ashok Nagar, Tilak Nagar,

Near Tilak Nagar Metro Station,

New Delhi-18.                                                                                                                       

Also at:

Westend Mall,

114 Second Floor,

Janak Puri, New Delhi-58.                                                                             OPPOSITE PARTY-2

ORDER

R.S. BAGRI,PRESIDENT

            Brief facts necessary for desposal of the present complaint are that the complainant  purchased one mobile handset of make Apple I Phone5S Gold64GB  with IMEI No.358030054962456 from Aarnie Telecom, Janak Puri, Delhi for sale consideration of Rs.71,500/- vide invoice dated 2.12.13.  The complainant on the same day also insured his mobile handset  with Home Serve Opposite Party-1 by paying an amount of Rs.7150/-for two years. The mobile handset developed some fault and the complainant immediately informed to Opposite Party-2.  The mobile handset was collected by the representative  of Opposite Party-2 and was returned the repaired handset.  The mobile handset again developed some fault

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and same was collected by the representative of Opposite Party-2 on 9.2.15 in intact condition and issued job sheet No.7669.    The complainant inquired about status of the mobile handset and requested to return the same.  The complainant  received notice dated 11.2.15 from Opposite Parties with false allegations that the handset has been tampered by the complainant as the seal is broken and component missing which violates the protection plan clause.   The complainant  replied to the notice on 23.2.15.  But no response is received from the Opposite Parties. The handset is neither  repaired nor returned by Opposite Parties till today.  Hence, the present complaint for directions to the Opposite Parties to replace the mobile handset with new  and pay compensation of Rs.20,000/- and Rs.10,000/- on account of litigation expenses. 

 

            Notice of the complaint was sent to the Opposite Parties but none appeared on their behalf.  Therefore, the Opposite Parties were proceeded against exparte vide  order dated 9.11.15. 

 

            When the complainant  was asked to lead exparte evidence,he filed his affidavit dated 29.1.16 and relied upon invoice dated  2.12.13, protection plan dated 2.12.13, job sheet dated 9.2.15, letter dated11.2.15 and legal notice 17.2.15, narrating the facts of the complaint.  He deposed that the mobile handset was insured with Opposite Party1 on payment of Rs.7150/- for two years.  The mobile handset was given for repairs to Opposite Party-2.  It is further submitted that the mobile handset is covered for functional defects, physical and liquid damages and Opposite Parties to avoid their liabilities intentionally making false allegations/accusations.  The mobile handset is not repaired and returned till date.

            We have heard complainant in person and gone through the complaint, affidavit dated 29.1.16 and documents placed on record carefully and thoroughly.

            The version of the complainant has remained unrebutted and unchallenged. There is no reason to disbelieve the same.  From the unrebutted affidavit , invoice dated  2.12.13, protection plan dated 2.12.13, job sheet dated 9.2.15 the complainant has been able to show that he purchased mobile handset  of make Apple I Phone5S Gold64GB  with IMEI No.358030054962456 from Aarnie Telecom, Janak Puri, Delhi for sale consideration of Rs.71,500/- vide invoice dated 2.12.13.  The  complainant insured the  mobile handset with Opposite Party-1  for two years. The handset was given for repairs to Opposite Party-2.  But the same is neither repaired nor retuned .  On perusal of letter dated 11.2.15 it reveals that the handset was not covered under the protection plan.   Therefore, the claim was rejected by the Opposite Parties.  The complainant has failed to show that the mobile handset is covered  under the protection plan.  The complainant in his legal notice dated 17.2.15 asserted that the mobile handset is covered for functional defects, physical and liquid damages.  But has failed to  produce any material on record to corroborate his

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notice.  The legal notice of the complainant is  not sufficient to prove that the mobile handset was not tampered by him.   He has also failed to produce terms and conditions of insurance policy.   Therefore, in the absence of terms and conditions of insurance policy it cannot be said that the mobile handset was covered for physical and liquid damages.  Therefore, complainant failed to prove that the Opposite Parties  are deficient in service and used unfair trade practice. 

  In the light of above discussion and observations there is no merit in the complaint.   Hence  the complaint fails and is hereby dismissed.

 Order pronounced on   : 15.10.2016

 

• Copy of order be sent to the concerned parties free of cost.
• Thereafter, file be  consigned to record.

 

 

 

 

(PUNEET LAMBA)                               (URMILA GUPTA)                   ( R.S.  BAGRI )

  MEMBER                                            MEMBER                               PRESIDENT