Haryana

Ambala

CC/43/2017

Raman Preet Singh - Complainant(s)

Versus

Ikon Electronics - Opp.Party(s)

In Person

16 Mar 2018

ORDER

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

                                    

                                                          Complaint case no.        :   43 of 2017

                                                          Date of Institution         :   02.02.2017

                                                          Date of decision   :   16.03.2018

 

 

Raman Preet Singh s/o Divender Singh, Resident of House No.132, Punjabi Bagh, Ambala Cantt, Ambala.

……. Complainant.

 

1.       IKON Electronics, SCO-19-20, Gulati Market, Jagadhari Road, near K.D.Hospital, Ambala Cantt, District Ambala (Haryana) (Through its manager of Service Centre)

2.       SYSKA Gadget Secure, SSK Infortech Pvt Ltd, Plot-521, First Floor, Udhyog Vihar Phase-5, Gurgaon (Haryana) Through its Manager.

3.       SSK Retails Pvt Ltd, 7 Akshay Complex, Off Dhole Patali Road, Pune-410001 (Through its G.M.)

 ….….Opposite Parties.

 

Before:        Sh. D.N. Arora, President.

                   Sh. Pushpender Kumar, Member

Ms. Anamika Gupta, Member.

 

 

Present:       None for complainant.

Sh.Sandeep Kashyap, counsel for OP Nos. 2 & 3.

OP no.1 ex parte v.o.d. 21.03.2017

 

ORDER:

                   Brief facts of the present complaint are that the complainant had purchased a mobile Samsung Galaxy E-7, bearing IEMI No.358185/06/ 087022/4 & 358166/06/087022/2 for Rs. 19,400/- on vide bill No.4920 dated 17.03.2015 believe on the assurance of OP No.1 the complainant also got insured the above said mobile phone with OP No.2 with SYSKA insurance Pack Rs. 1299/- coupon No. 47866814.On Feb. 2016 the abovesaid mobile set has damaged/ broken. Then the advised of the OP No.1, the complainant called on the Toll Free No. 180030027090 of the SYSKA Insurance Company vide complaint no. 1512297250 then  the official of the SYSKA Insurance company advised to the complainant please send the mobile phone and all accessories on the Gurgaon address i.e. OP No.2. On 06 Feb.2016 the complainant sent the mobile phone with all accessories to the OP No.2 then the OP No.2 assured the complainant that he will solve his problem shortly. As when the complainant asked his mobile set from the OP No.2 on toll free number then the official of the OP No.2 state way said that the insured amount of the above mobile set total Rs. 17,400/- of the complainant have passed by the SYSKA Insurance Company and the same amount has been credit in his Bank account number that is 1944000100149357, Punjab National Bank Ambala Cantt. On checking of the account by the complainant and no any amount has been credit in his account, then the complainant get the statement of his from the PNB Bank and again send to the OP No.2, but they totally refused and said that his insured amount has been credit in his account. The complainant again & again approached to the Ops but not attended the complainant and flatly refused to do anything in the matter. Because of the problems of the mobile set and attitude of Ops, complainant has to harass and suffered mental, physical and monetary loss which is a clear cut deficiency in the service on the part of Ops. Hence, the present complainant.

2.                Registered notices issued to Op No. 1 but none has turned up on his behalf and OP No. 1was proceeded against exparte v.o.d. 21.03.2017 and Upon notice, OP No.2 appeared through counsel and tendered written statement raising preliminary objections qua complaint is not maintainable, no cause of action, locus standi, non joinder and misjonder and not come to the court with clean hands. On merits, OP No.2 stated that the complainant had intimated  about loss to Leehan Retails Pvt. Ltd.  And claim of the complainant was settled by insurance company and Rs. 17460/- was paid to the complainant against CIN No.1512297250 on dated 08.02.2016 on total loss. It is worthwhile to mention here that the OP has no contract regarding insurance with the complainant. He further stated that the Syska Gadjet secure scheme is the product and facilitated by Leehan Retails Pvt Ltd and insurance cover provided by the New India assurance Company Ltd. The policy Cover Booklet is issued to the customer with insurance kit and all term was also accepted by the customer at the time of purchasing the insurance scheme. Hence, there is not deficiency on the part of the OP Nos. 2 & 3 and prayed for dismissal of the present complaint.

3.                To prove his version complainant tendered his affidavit as Annexure C-X along with documents as Annexure C-1 to Annexure C-3 and close his evidence. On the other hand, Counsel for the OP Nos. 2 & 3 tendered affidavit as Annexure R-1 and close his evidence.

4.                We have pursued the file carefully and heard the arguments of the learned counsel of the OP Nos. 2 & 3.

It is not disputed that complainant had purchased the mobile in question on 17.03.2015 as per Annexure C-1 for amounting Rs. 19,400/- including insurance amount (Rs.1299/-) and complainant had got the insured the mobile in question with OP No.3.  As per the version of the complainant, the mobile got physical damage/broken within its warranty.  The complainant further asserted that he had contact to the OP No.3 on Toll Free no.180030027090 vide complaint no.1512297250 then the official of the SYSKA Insurance Company has  advised to him please send the mobile phone with all accessories to the OP No.2 and the complainant has sent the mobile with all accessories same to the company through Courier Company on 06.02.2016 as Annexure C-2. After some time, when the complainant asked his mobile set from OP No.2 on toll free number they said to him that his insured amount of the above mobile set total Rs. 17,460/- have passed by the SYSKA Insurance Co. & the same amount has been credit in his bank account but on checking of the account by the complainant and no any amount has been credit in his account as per the statement account of the complainant as per Annexure C-3. The plea of the Ops No. 2 & 3 that they have sent the claim amount through CIN No.1512297250 dated 08.02.2016 is not proved on the file nor they have not produced any credible evidence that they have credited the amount in the account of the complainant. Therefore, the above said plea taken by the OP Nos. 2 & 3 is become falsify. Hence, it is unfair trade practice on the part of the OP Nos. 2 & 3.

5.                In view of above discussion, the complaint is dismissed against OP No.1 and allowed with costs against OP Nos.2  & 3 and they are  directed to comply with the following direction within thirty days from receipt of copy of the order:-

(i)      To pay the amount Rs. 17,460/- as loss assessed by OP Nos. 2 & 3 to the complainant along with interest at the rate of 9% per annum from the date of complaint till its realization.

(ii)     To pay Rs. 3,000/- as cost of litigation.

                    Copy of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on :16.03.2018                                 

 

 

 

(PUSHPENDER KUMAR)     (ANAMIKA GUPTA)     (D.N. ARORA)

          Member                              Member                         President