Delhi

North West

CC/897/2016

NITIN JAIN - Complainant(s)

Versus

M/S CAREWELL TELECOM - Opp.Party(s)

13 Feb 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST

GOVT. OF NCT OF DELHI

CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.

 

CC No: 897/2016

D.No._______________________                   Dated: __________________

IN THE MATTER OF:

 

NITIN JAIN S/o LATE SH. RAMESH CHAND JAIN,

R/o FLAT No. 26-C, GAYATHRI APPT., SEC-9,

ROHINI, DELHI-110085.                   … COMPLAINANT

 

   Versus

 

1. M/s CAREWELL TELECOM,

    G-16, VIKAS SHOPPING COMPLEX,

    MANGALAM PALACE, M2K, SEC-3,

    ROHINI, DELHI-110085.

 

2. M/s SYSKA GADGET SECURE,

    4^TH FLOOR, SAPPHIRE PLAZA, PLOT No. 80,

 S.No. 232, NEW AIRPORT ROAD,

    SAKORE NAGAR, VIMAN NAGAR, PUNE,

    MAHARASHTRA-411014. … OPPOSITE PARTY(IES)

 

 

CORAM :SH. M.K. GUPTA, PRESIDENT

          SH. BARIQ AHMED, MEMBER

MS. USHA KHANNA, MEMBER   

                                                          Date of Institution: 12.09.2016

                                                                   Date of decision:13.02.2018

SH. BARIQ AHMED, MEMBER

ORDER

1.       The complainant has filed the present complaint against the OPs under the Consumer Protection Act, 1986 therebyalleging that the complainant purchased a Gionee Elife S-7 mobile handset with IMEI No. 867071020629690 for a sum of Rs.20,400/- vide invoice

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          no. 2066 on 06.10.2015 from OP-1 and at the same time the complainant also purchased secure’s insurance cover for a sum of Rs.1,800/- (approx.) vide coupon no. 61060129 from OP-2. The complainant further alleged that the mobile handset’s display got blank and had a small crack at its back cover because mobile handset had accidently fallen down at metro station and the complainant applied for insurance claim on 28.07.2016 and uploaded all the documents which were required by the company but OP-2 refused the claim of the complainant vide no. 1607284428 on 29.07.2016 and due to validation and security, as the purchase date is 06.10.2015 and registration date is 10.10.2015 which does notfall under the 48 hours clause.’ The complainant further alleged that the complainant had purchased mobile handset from OP-1 simultaneously, on 06.10.2015 but OP-2 is not considering the claim of the complainant and saying ‘the registration for syska gadget secure has been processed from your end, so, we request you to contact with your dealer to check the details.’ The complainant further alleged that when the complainant contacted Mr. Salman who is representative of OP-1, he also confirmed that insurance was done at the same time on 06.10.2015 and after the complainant went to Gionee Service Centre, Sec-2, Rohini, Delhi because the mobile handset was under warrantee period but they

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          also refused to cover it under warrantee and gave the complainant an estimate of Rs.8,000/- plus taxes. The complainant further alleged that if according to insurance company was registered beyond 48 hours purchase of mobile handset then at that moment OP should inform the complainant immediately regarding invalidation of insurance and all the important data was in the mobile handset because there was provision of SD card in the mobile handset and there is deficiency in service and unfair trade practice on the part of OPs.  

2.       On these allegations the complainant has filed the complaint praying for direction to the OP-2 to anticipate insurance claim and pay a compensation of Rs.10,000/- for causing mental agony and physical harassment.

3.       Notice to OPs were issued through speed post for appearance on  08.11.2016 and the notice to OPs were served on 23.09.2016 & 26.09.2016 respectively as per track reports. But none for the OPs appeared on 08.11.2016, 02.02.2017 & 05.05.2017 and as such OPs have been proceeded ex-parte vide order dated 05.05.2017.

4.       In order to prove his case the complainant filed his affidavit in evidence and also filed written arguments. The complainant also placed on record copy of retail invoice no. 2066 dated 06.10.2015 for purchase of mobile set for a total value of Rs.20,000/-, copy of

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          mobile care ‘syska gadget secure blanket cover for devices’ issued by OP-2, copy of e-mail communication dated 17.08.2016 sent by complainant to OP through e-mail, copy of service jobsheet dated 06.08.2016 and copies of e-mail communication between the parties vide which the claim was rejected.

5.       This forum has considered the case of the complainant in the lightof evidence of the complainant and documents placed on record by the complainant. As per cashless protection plan dated 06.10.2015, the protection was given towards blanket cover for devices and includes theft protection, physical/fluid damage protection. The said protection plan does not prescribed the condition of 48 hours as claimed by the OP while rejecting the claim. It is also noteworthy that the complainant has categorically stated in complaint as well as his affidavit of evidence that the protection cover was purchased simultaneously alongwith the mobile handset from OP-1. Thus, it appears that OPs have wrongfully rejected the claim. Accordingly, both the OPsare held guilty of unfair trade practice and deficiency in service.

6.       Accordingly, both the OPs jointly or severally are directed as under:

i)        To pay to the complainant an amount of Rs.20,400/- on return of the old mobile handset alongwith accessories and bill.

 

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ii)       To pay to the complainant an amount of Rs.5,000/- as compensation towards mental agony and  harassment caused to the complainant which includes cost of litigation.

7.       The above amount shall be paid by the both the OPs jointly or severallyto the complainant within 30 days from the date of receiving copy of this order failing which OPsshall be liable to pay interest on the entire awarded amount @ 10% perannum from the date of receiving copy of this order till the date of payment. If OPs fails to comply the order within 30 days from the date of receiving copy of this order, thecomplainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.

8.        Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.

Announced on this 13^th day of February, 2018.

 

 

 

 

BARIQ AHMED                         USHA KHANNA                         M.K. GUPTA

   (MEMBER)                                 (MEMBER)                            (PRESIDENT)

 

 

 

 

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