DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                                                                  Complaint no. 233                                                                                        

                                                                   Instituted on:    24.05.2017                                                                               

                                                                  Decided on:     15.09.2017

Tejinderpal Singh @ Tejinder Singh son of Late S. Bakshish Singh resident of 441, Sant Attar  Singh Nagar, Police Line, Sangrur Barnala Road, Sangrur District Sangrur.

                                                …. Complainant

                                Versus

1.       M/s Chhabra Communication, Opposite Bus Stand, Sangrur through its Proprietor/ partner.

2.      M/s Apps Daily, Solutions Pvt. Limited Ist Floor HARYA Dream Park, Off Meera Bhayander Road, Near D Mart, Meera Road, Mumbai MH ZIP 401107.

                                              ….Opposite parties.

FOR THE COMPLAINANT      :     Shri  Daljeet Singh, Advocate                          

FOR OPP. PARTY No.1            :      Shri Ashish Grover Advocate

FOR OPP. PARTY NO.2           :     Exparte

Quorum

                    Sukhpal Singh Gill, President

Sarita Garg, Member

Vinod Kumar Gulati, Member    

ORDER:  

Sarita Garg, Member

1.             Tejinderpal Singh, complainant has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that he purchased one Samsung Mobile Model SM-A510F which was insured by the OP no.1 on behalf of OP no.2 and complainant paid Rs.2500/- as premium to the OP no.1 in cash. Due to some damage/problem in the mobile set the same was taken by the OP no.1 for its repairs.  A number of complaints were registered with OP no.2.  The mobile set was returned  to the complainant unrepaired alongwith letter from the Op no.2  with remarks " non availability of parts-handset return"  alongwith the repair estimate dated 23.03.2017 amounting to Rs.6301/- . It is also mentioned in the letter that the complainant can repair the mobile set locally and OP no.2 will make the payment.  The complainant got repaired the mobile set locally from Gaurav Communication and paid Rs.7291/- against the same.  A cancelled cheque alongwith repair bill was sent to the OP no.2 for payment but no payment was made. Thus, alleging deficiency in service on the part of OPs, the complainant has sought following reliefs:-

i)      OPs be directed to refund Rs.7291.06 plus Rs.1500/- as charted extra for packing and sending  the mobile set to OP no.2 alongwith interest @18% per annum till its realization,

ii)     OPs be directed to pay to the complainant a sum of Rs.50000/- as compensation   on account of mental agony, harassment,

iii)   OPs be directed to pay Rs.5500/- as litigation expenses.

2.             Notices were issued to the OPs but despite service OP no.2 did not appear and as such OP no.2 was proceeded exparte on 10.08.2017.

3.             OP  no.1 put its appearance through Shri Ashish Grover Advoccate but despite affording opportunity, the OP no.1 did not file any reply and ultimately opportunity to file written statement by OP no.1 was closed by order of the Forum.  

3.A.          The complainant in his evidence has tendered documents Ex.C-1 to Ex.C-13 and closed evidence. On the other hand, OP no.1 had not produced any documentary evidence.

4.             The complainant's grievance in this case is that despite having insurance of his mobile set the OP no.2 had not paid the repair charges as per  its commitment made through letter and estimate dated 23.03.2017  issued/sent to the complainant.

5.             The complainant has stated in his complaint that  after receiving a letter alongwith estimate dated 23.03.2017 amounting to Rs.6301/- from the Op no.2 he got repaired his mobile set locally from Gaurav Communications, Sangrur and paid Rs.7291/-  to it.  The OP no.2 required  a cancelled cheque alongwith repair bill which were sent to OP no.2 for crediting the amount in his account but the OP no.2 did not do so.

6.             The complainant has produced on record letter alongwith estimate dated 23.03.2017  Ex.C-6 and Ex.C-7 sent to him by the OP no.2 wherein it has been mentioned by the OP no.2 that " since the part is not available at the  Brand Authorized center currently and there is no defined timeline for availability of parts as per information received from them , hence we are returning the handset so that you can repair it locally where the parts could be available.  Also attached is the Apps Daily repair estimate  towards the damage on your handset . Also we request you to send the copy of your cancelled cheque alongwith the repair bill mentioning the claim ID."

7.             The complainant's specific case is that he sent the cancelled cheque alongwith  the repair bill but  the payment of repair charges had not been made by the OP  no.2 till today. The OP no.2 has not come forward to contest the case of the complainant rather they chosen to remain exparte.    

8.             For the reasons recorded above, we find that the complainant has fully proved his case. Accordingly, we allow the complaint and direct the OP no.2 to pay to the complainant  repair charges of the mobile set in question i.e. Rs.7291.06. We further order the OP no.2 to pay to the compensation a consolidated amount of compensation of Rs.2000/- on account of mental pain, agony, harassment and litigation expenses.

9.             This order of ours shall be complied with within 30 days from receipt of the copy of the order.  Copy of the order be supplied to the parties free of charge. File be consigned to records in due course.                        Announced

                September 15, 2017

               (Vinod Kumar Gulati)      ( Sarita Garg)          (Sukhpal Singh Gill)                                                                                                                                                                

                                Member               Member                         President

BBS/-