DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi- 110016
Case No.42/2018
Sunil Ahuja
Permanent Resident of:
O-41, Sriniwaspuri,
New Delhi-110065
….Complainant
Versus
- Hotspot Sales & Solution Pvt. Ltd.
Through Its Managing Director
Registered Office at:
S Global Knowledge Park 19 A & 19B,
Sector 125 Noida,
Gautam Buddha Nagar,
Uttar Pradesh-201301
2. Branch Manager
Hotspot Sales & Solution Pvt Ltd.
Having Its Branch Office at:
K-16, Central Market,
Firoz Gandhi Road,
Lajpat Nagar-II
New Delhi-110024
….Opposite Parties
Date of Institution : 13.02.2018
Date of Order : 18.02.2023
Coram:
Ms. Monika A Srivastava, President
Ms. Kiran Kaushal, Member
Sh. U.K. Tyagi, Member
ORDER
President: Ms. Monika A Srivastava
Complainant has filed the present complaint seeking the insurance claim of Rs.68,000/- along with interest at 18% per annum as also a sum of Rs.2,00,000/- with interest at the rate of 18% on account of compensation for mental torture and harassment suffered by the Complainant and an amount of Rs.55,000/- with interest at the rate of 18% as costs.
- It is the case of the Complainant that he purchased a mobile handset IPhone 7 IMEI no. 3591 540 770 37580 for Rs.68,000/- from the OP and an invoice to this effect was issued by the OP. It is stated by the Complainant that that at the time of purchase OP had apprised the Complainant that there is an insurance cover/warranty of mobile handset which OP shall provide through the 3rd party i.e RMP Electronics Pvt Ltd. for which an insurance would be provided for one year. The Complainant was to pay a sum of Rs.4,299/- apart from the price of mobile handset towards the premium of insurance/warranty of the mobile handset. The copy of the invoice dated 18.11.2016 is annexed here with as Annexure A and the bill for the premium paid is Annexure B.
- It is further stated by the Complainant that on 16.11.2017 his mobile handset fell down so the Complainant approached RMP Electronics Pvt Ltd which had its branch office at T-24, Okhla Industrial Area Phase II, New Delhi but the representative of RMP Electronics Pvt Ltd apprised the Complainant that as per their record they have not received any payment from the OP with respect to the mobile handset for insurance coverage and accordingly they are not liable to compensate the complaint. The letter dated 17.11.2017 issued by RMP Electronics Pvt Ltd. is annexed herewith as Annexure C.
- It is the case of the Complainant that he approached the OP many times but he has straight away refused to honour the claim of the Complainant without giving any satisfactory response to his grievance. It is also stated that his calls are also not answered and false assurances are given at times that someone will look into this matter.
OP was proceeded ex parte vide order dated 31.10.2018. Complainant has filed as evidence affidavit as well as written arguments on record. This Commission has gone through the entire complaint and it is seen from the records that the Complainant purchased an iPhone from the OP on 18.11.2016 which is annexed as Annexure A, another invoice which shows the payment of Rs. 4,299/- by card being made for an iPhone 7 128 GB jet black 359154077037580 and which also records spice hotspot premium pro care GCP 50000-74999 is Annexure B. This receipt also records that the services will be honoured by RMP Electronics Pvt. Ltd (powered by gadget cops). Another document is a handwritten note which is stated to be written by RMP Electronics Pvt. Ltd. wherein it is stated that no details pertaining to Apple iPhone 7 with IMEI No. 359154077037580 and neither any premium has been received. It further states that premium be issued so that customer may be assisted.
Since OP was proceeded exparte, the claim of the Complainant is uncontroverted and therefore this Commission is of the view that OP has been deficient in its services by not passing on the premium collected by the Complainant to RMP Electronics Pvt. Ltd. and for which reason the phone of the Complainant could not be rectified. It is also noticed by the Commission that the phone has been used by the Complainant for almost an year, therefore, the OP is directed to refund the sum of Rs. 4,299/- with interest @ 7% p.a from the date of payment till realization and also are liable to pay a sum of Rs.20,000/- to the Complainant for the opportunity lost by the Complainant on account of which he could not get his phone rectified. This order is to be complied within two months from the date of receipt of this order, failing which the OP has to pay the said amount of Rs.4,298/- with interest @9% p.a till realization.
Parties be provided copy of the order as per rules. File be consigned to the record room. Order be uploaded on the website.
