Haryana

Ambala

CC/435/2017

Rahul Bhardwaj - Complainant(s)

Versus

Mobile Buzz - Opp.Party(s)

Sahil Sharma

24 Sep 2018

ORDER

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                          Complaint case no.        : 435 of 2017

                                                          Date of Institution         : 08.12.2017

                                                          Date of decision    : 24.09.2018

 

 

Rahul Bhardwaj s/o Late Sh. Umesh Bhardwaj, r/o # Prem Nagar, Ambala City.   

    ……. Complainant.

 

 

1.  Mobile Buzz, Prem Nagar Main Road, Manauli House, Ambala City.

 

2.  Samsung India Electronics Pvt. Ltd. Registered Address A-25, Ground Floor, Front Tower, Mohan Cooperative Industrial Estate, New Delhi.

 

3.  Apps Daily, registered office: Apps Daily Soultions  Pvt Ltd, D-3137 Oberoi Garden Estates, Chandivali Farm Road, Andheri(E),  Mumbai-400072, India

4.  Apps Daily, Customer/ Service Center, Sri Radhey Complex Science Market, Ambala Cantt.

 

 ….…. Opposite Parties.

 

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

                   Sh. Pushpender Kumar, Member.

Dr. Sushma Garg, Member.

                  

         

Present:        Sh.Vivek Mahrishi, counsel for complainant.

 OP Nos. 1, 3 & 4 already ex parte.

 Sh. Rajeev Sachdeva, counsel for OP No.2.

 

 

ORDER:

                   In nutshell, brief facts of the present complaint is that the complainant has purchased a brand new Samsung Galaxy J7 4G Gold Model No. SM-J700F bearing IMEI No.358425077486766 vide bill no.15888 dated 26.07.2016 against amount of Rs. 14200 from OP No.1 with one year warranty. The complainant also purchased Apps Daily Mobile Protection/Insurance from the OP No.1 on his request vide bill no. 15891 dated 26.07.2016 against amount of Rs. 1249 with a promise of 10 days  replacement or repair guarantee against protection  from physical  damage, liquid damage, theft, data-loss, viruses for the period of 1 year.  On 15.11.2016 the complainant met with an accident and due to which mobile phone of complainant got damaged resulted in crack on display of mobile phone. On 17.11.2016 complainant approached OP No.4 for repairing/replacement of damaged mobile phone. On approaching OP No.4 they collected the handset alongwith SIM tray, Battery Back cover, Stylus, Batter, MMC tray from complainant and issued him job sheet bearing intimation  id: AND-C-161116-197815173  against amount of Rs. 710 in the name of processing fees with promise to deliver the phone within 21 days.  After 2 days from depositing the phone to OP No.4 complainant  got a call from the Office of OP No.4 with an intimation that your cannot be processed further  for repairing/replacement of phone with a reason that it was tempered being attempted  for repair elsewhere.  OP No.4 also alleged that the phone must be second hand so better approached OP No.1 instead of arguing with us. After that he immediately approached OP No.1but OP No.1 asserted that phone was brand new and all the allegation of OP No.4 is baseless. The complainant again approached to OP No.4 to get his phone repaired/replaced but they again refused to do so. The complainant has been harassed mentally and physically to poor service of Ops. Hence, the present complaint.

2.               Registered notices issued to Op Nos.1, 3 & 4 but none have turned up on their behalf and they were proceeded against ex-parte vide order dated 23.01.2018. Upon notice, OP No.2 appeared through counsel and filed written statement submitting that the case of the complainant is only against the insurance company as the unit of the complainant was damaged due to mishandling on the part of complainant that mobile of complainant was damaged due to mishandling on part of complainant and it is the insurance company who insured the unit of the complainant. They further submitted that the alleged unit has been deposited by the complainant with OP No.4 for repair of unit. They further submitted that the alleged unit was presented before the service center of OP No.2 on 03.04.2017 for repair of display/LCD damage and the unit was repaired by replacement of LCD of the unit. Again the alleged unit was presented before the service center of OP No.2 on 09.05.2017 and 10.06.2017 for repair of display/LCD damage and the unit was repaired again and again by replacement of LCD of the unit. So, there is no deficiency on the part of OP No. 2 and prayed for dismissal of the present complaint.

3                 To prove his version complainant tendered his affidavit as Annexure C-A along with documents as annexure C-1 and C-3 and close his evidence. On the other hand, Counsel for the OP No.2 tendered affidavit as Annexure R-X alongwith document as Annexure R-1 and close their evidence.

4.                We have heard both the counsel of the parties and carefully gone through the case file.

5.                It is not disputed that the complainant had purchased a brand new Samsung Galaxy J7 4G Gold Model no.SM-J700F bearing IMEI No.35842507748-6766 vide bill no. 15888 dated 26.07.2016 against amount of Rs. 14,200 from OP No.1 with one year warranty Annexure C-1 and also insured the mobile with OP Nos. 3 after paying Rs. 1,249/- as insurance premium as per Annexure C-2. The complainant has come with the plea that on 15.11.2016, the mobile phone got physical damaged during the subsistence of insurance period, which was valid for one year. As per job sheet as Annexure C-3 clearly depict that mobile handset was physically damaged (display/Screen crack on display) and also mentioned the incident regarding damage of the mobile in question as under:- “on 15.11.2016 at 6.30pm mien sadar market mien jaa raha tha aour mobile mere shirt ke pocket mien tha tabhi achanak se car ne piche se mujhe  hit kiya mien niche gira aur mera mobile pocket se road pe gira aur damage ho gaya”.  From the above said job card it is clear that the mobile in question got damaged  in accident and he informed to the service centre on 17.11.2016 and described the accident occurred on 15.11.2016. It is also proved from the document that the complainant has submitted the mobile in question to the service center after incident and service centre has assessed the amount Rs. 710/- for replacement of the broken parts and assessed amount has been paid by the complainant which is evident from the job sheet.  It is mentioned in job- sheet that the handset would be delivered to the customer in 21 days working days but same has not been delivered to the complainant and there is no documents in the file that mobile in question got repaired and delivered to the complainant either by the service centre or OP No.2. In the present case OPs No.1, 3 & 4 have also proceeded against ex-parte, therefore, the contents enumerated in the complaint remained un-rebutted and thus we have no other option except to believe the version as well as documents submitted by the complainant.

6.                Keeping in view the above discussion, it is clear that the OP Nos.1, 3 & 4 are deficient in providing proper service to the complainant as OP No.1 has also got insured the mobile in question and received the insured amount on behalf of insurance company as per Annexure C-2. So, OP No.1 cannot escape from his liability. Since, the complainant had obtained insurance policy Annexure C-2 for mobile in question from after paying a sum of Rs.1,249/- for covering the risk qua loss or damage as per Annexure R-1 i.e. warranty conditions.  Hence, the present complaint is hereby allowed against OP Nos. 1, 3 & 4 with costs and same is dismissed against OP No.2. The OP Nos.1, 3 & 4 are directed to comply with the following direction within thirty days jointly and severally from receipt of copy of the order:-

1. To refund the costs of Rs.14,200/- as per Annexure C-1 along with interest at the rate of 9% per annum from the date of complaint till its realization.

(ii)     Also to pay a sum of Rs.3,000/- on account of cost of proceedings.

                   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 :    24.09.2018                           

                       

 

 

(PUSHPENDER KUMAR)       (Dr. Sushma Garg)        (D.N. ARORA)

                   Member                         Member                       President