DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BARNALA, PUNJAB.

 

Complaint Case No : CC/52/2019

Date of Institution : 14.05.2019

Date of Decision : 22.10.2019

Jagdev Singh son of Jangir Singh resident of Sant Utter Dev Nagar, Raikot Road, Dukhbhanjan Sahib Gurudwara Sekha Road, Near Castle Palace, Barnala, Tehsil and District Barnala (Pb.).

…Complainant

Versus

1. Manish Telecom, Near Railway Station, Sadar Bazaar, Barnala through its Proprietor/Partner/Authorized Signatory. 

2. Manish Telecom, Near Railway Station, Sadar Bazaar, Barnala Authorized Agent of CPP Assistance Services Pvt. Ltd.

3. CPP Assistance Services Pvt. Ltd. (FoneSafe) Corporate Office CPP Assistance Services Pvt. Ltd., Ground Floor, Wing-A, Golf View, Corporate Tower-A, Golf Course Road, Sector-42, Gurgaon-122002, Haryana. 

4. Boshion Services Private Limited, Upper Ground Floor, Brice Plaza, KC Road, Barnala through its Proprietor/Partner/Authorized Signatory.

5. Oppo Mobiles Hand Office, 395, A And B, 1st Cross Street, 2nd Main Road, Old Mahabalipuram Road, Nehru Nagar, Kottivakkam, Chennai, Tamil Nadu-600096 through its Director/Managing Director/Authorized Signatory.

6. Bajaj Finserv Limited, Corporate Office: 4th Floor, Bajaj Finserv Corporate Office, 1st Floor, SCF 35, BRS Nagar, Opposite Police Station, Ludhiana-141002 through its Director/General Manager/Authorized Signatory.

7. Iffco-Tokio General Insurance Company Limited, Regd. Office IFFCO Sadan, C-1-Dist. Centre, Saket, New Delhi-110017 through its General Manager/Manager/Authorized Signatory.

…Opposite Parties

Complaint Under Section 12 the Consumer Protection Act, 1986.

Present: Ms. Harjinder Kaur counsel for complainant.

Opposite parties No. 1, 2, 3 and 5 exparte.

Opposite parties No. 4 and 6 deleted.

Sh. AK Jindal counsel for opposite party No. 7.

Quorum.-

1. Sh. Kuljit Singh : President

2. Sh. Tejinder Singh Bhangu : Member

 (ORDER BY KULJIT SINGH, PRESIDENT):

    The complainant namely Jagdev Singh has filed the present complaint under Consumer Protection Act 1986 (in short the Act) against Manish Telecom, Barnala and others. (in short the opposite parties). 

2. The facts leading to the present complaint as stated by the complainant are that complainant purchased Oppo model Oppo CPH 1727 Colour Black value of Rs. 24,990/- on 16.12.2017 from the opposite party No. 1. He also purchased an insurance policy bearing No. IM0975462 from opposite party No. 3 through opposite party No. 2 and paid amount of Rs. 2,399/- for that policy and gave assurance for good well of said phone on behalf of opposite party No. 3. 

3. It is further alleged that the mobile of the complainant was got damaged due to some technical reason and he sent the handset to opposite party No. 3 by courier on the instance of opposite parties No. 1 and 2 who assured him to set the fault in 7 days, otherwise they will give him a new mobile set. The complainant availed loan from opposite party No. 6 and also took insurance from opposite party No. 7 and entire payment has been made to opposite parties No. 1 and 2. But the opposite party No. 3 return the mobile handset of the complainant in same condition which is deficiency in service and unfair trade practice on the part of the opposite party No. 3. Hence, the present complaint is filed seeking the following reliefs.-

1) The opposite parties may be directed to replace the defective mobile phone of the complainant with new mobile phone alongwith insurance.  

2) To pay Rs. 20,000/- on account of mental tension, agony and  harassment.           

3) To pay Rs. 20,000/- as litigation expenses.  

4) Any other relief this Forum deems fit. 

4. The opposite parties No. 1, 2, 3 and 5 not appeared before this Forum despite service so they were proceeded against exparte vide order dated 26.7.2019. However, the name of the opposite parties No. 4 and 6 were deleted from the array of the opposite parties vide order dated 21.5.2019 on the statement of the learned counsel for the complainant of the same date. 

5. Upon notice of this complaint, the opposite party No. 7 filed written reply taking legal objections interalia on the ground that the complainant has already deposited the damaged mobile phone with the answering opposite party who has paid/transferred Rs. 17,742/- on account of loss assessed after applying depreciation and deductions as per terms and conditions of insurance and scheme in the account of complainant by way of NEFT on 28.6.2019 so the complaint is liable to be dismissed.    

6. On merits, the opposite parties submitted that the complainant intentionally not give any date or detail of alleged loss. It is further submitted that deduction has to be charged as per policy and further depreciation is also charged as per age of mobile set as detailed in policy schedule. The answering opposite party already made payment of Rs. 17,742/- to the complainant through NEFT on 28.6.2019 as per assessment. Rest of the averments of the complaint are denied and lastly they prayed for the dismissal of the present complaint with costs.

7. In support of his complaint, the complainant tendered into evidence his own affidavit Ex.C-1, copy of bill dated 16.12.2017 Ex.C-2, copy of letter dated 18.12.2017 Ex.C-3, copy of legal notice Ex.C-4, postal receipts Ex.C-5 to Ex.C-11, copy of courier receipt Ex.C-12 and closed the evidence.

8. To rebut the case of the complainant, the opposite party No. 7 tendered into evidence copy of welcome/scheme letter dated 18.12.2017 Ex.OP-7/1, copy of beneficiary payment advice/calculation/ assessment Ex.OP-7/2, affidavit of Gurvinder Kaur Ex.OP-7/3 and closed the evidence.    

9. We have heard the learned counsel for the parties and have gone through the record.

10. It is submitted by the opposite party No. 7 in their written version that complainant already deposited the damaged mobile set with them and opposite party No. 7 already paid Rs. 17,742/- to the complainant through NEFT on 28.6.2019 and to prove this the opposite party No. 7 tendered in evidence copy of beneficiary Payment Advice Ex.OP-7/2 which is in favour of the complainant so it is proved on the file that the opposite party No. 7 already paid Rs. 17,742/- to the complainant on account of loss assessed by them after applying depreciation and deduction as per terms and conditions of insurance. 

11. We have perused the copy of scheme of insurance Ex.C-3/ Ex.OP-7/1 in which it is clearly mentioned that in case of any claim the complainant will be paid depreciated value of equipment and also after applying compulsory deductible. As this document is also exhibited by the complainant so in our view it is an admitted document by the complainant. As per copy of bill Ex.C-2 the value of new mobile was Rs. 24,990/- and after deducting 20% depreciation as per scheme of insurance and compulsory deduction of Rs. 1,250/- Ex.OP-7/1, the net amount comes to Rs. 18,742/- whereas the opposite party No. 7 paid Rs. 17,742/- to the complainant which is Rs. 1,000/- less than the actual amount calculated by us. The opposite party No. 7 not mentioned any reason or detail of the deduction of this amount of Rs. 1,000/- and they also paid this amount only after filing the present complaint, which is clear cut deficiency in service and unfair trade practice on the part of the opposite party No. 7. 

12. In view of our above discussion, the present complaint is partly allowed and opposite party No. 7 is directed to pay Rs. 1,000/- more to the complainant on account of loss caused to him by way of damage to his mobile handset. The opposite party No. 7 is also directed to pay Rs. 2,000/- to the complainant as consolidated amount of compensation on account of mental tension, harassment and litigation expenses. Compliance of the order be made within the period of 30 days from the date of the receipt of the copy of this order. Copy of this order be supplied to the parties free of costs. The file be consigned to the records after its due compliance. 

ANNOUNCED IN THE OPEN FORUM:

    22nd Day of October 2019

 

 

            (Kuljit Singh)

            President

              

(Tejinder Singh Bhangu)

Member