Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 469.
Instituted on : 25.09.2018.
Decided on : 24.01.2019.
Amit, age 22 years, son of Sh. Randhir Singh, Resident of House No. 504/6, Rajiv Colony, Rohtak.
.......................Complainant.
Vs.
- Deshmesh Khalsa Mobile, Gohana Road, Rohtak, through its Proprietor.
- Syska Gadget Secure, Office at 4th Floor, Plaza, Plot No.80, S No. 232, New Airport Road, near Symbiosis College, Sakore Nagar, Vimal Nagar, Pune, Maharastra, through its Manager/Authorized Person.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
SH. VED PAL, MEMBER.
SMT.SAROJ BALA BOHRA, MEMBER
Present: Sh. S.K. Sharma, Advocate for the complainant.
Opposite parties exparte vide order dated 05.11.2018.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case are that complainant has purchased a mobile phone Gionee M-4 having IMEI No.867645020027550P and 867645023027505 from the respondent No.1 vide invoice no.39883 dated 02.10.2015 for Rs.14,900/- and the same was got insured by the OPs as per scheme and complainant paid extra amount for said insurance. The warranty and guaranty of the said phone was also provided to the complainant by the OPs. On 14.03.2016, when the complainant was riding the bike, the mobile phone was fell down from the pant of the complainant and after that complainant immediately intimated to the OPs regarding said damage of phone and submitted claim form alongwith all required documents to the OPs. Complainant also sent a legal notice to the OPs, but no reply regarding the same was received by the complainant. That the act of opposite parties of not passing the claim amount is illegal and there is deficiency in service on the part of OPs. As such, it is prayed that opposite parties may kindly be directed to pay claim amount of Rs.14,900/- alongwith interest @ 18% per annum from its accrual till actual realization and also to pay Rs.25,000/- as compensation and Rs.11,000/- as litigation expenses as explained in relief clause.
2. After registration of complaint, notice was issued to the opposite parties. Notice sent to OPs received back served but they failed to appear before the Forum, hence, they were proceeded against exparte vide order dated 05.11.2018 of this Forum.
3. Ld. counsel for the complainant has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C6 and closed his evidence on dated 04.01.2019.
4. We have heard learned counsel for the complainant and have gone through material aspects of the case very carefully.
5. Perusal of the record reveals that the complainant had purchased the mobile on 02.10.2015 and he also insured his mobile set through opposite party No.2. As per the complaint and affidavit filed by the complainant, his mobile phone got damaged on 14.03.2016 due to falling from the bike while it was in his pant. An estimate for repair of mobile Ex.C6 was got prepared by the complainant from the Meenu Mobile amounting to Rs.11688/-. Complainant lodged his claim with the opposite party No.2 but the same has not been given to the complainant despite his repeated requests. On the other hand, opposite parties did not appear despite service and as such it is presumed that opposite parties have nothing to say in the matter and all the allegations leveled by the complainant against the opposite parties regarding non-settlement of claim stands proved. Hence there is deficiency in service on the part of opposite party No.2 and OP No.2 is liable to refund the price of mobile set after deduction of depreciation of 20% on it. As per the statement made by ld. counsel for the complainant, mobile in question is already in the custody of agent of OP No.2.
6. In view of the facts and circumstances of the case, complaint is allowed and we hereby direct the opposite party No.2 to refund the price of mobile set after deduction of 20% depreciation i.e. to pay Rs.11920/-(Rupees eleven thousand nine hundred and twenty only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 25.09.2018 till its realization and also to pay a sum of Rs.2000/-(Rupees two thousand only) as compensation and litigation expenses to the complainant within one month from the date of decision.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
24.01.2019.
.....................................................
Nagender Singh Kadian, President
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Ved Pal Hooda, Member.
……………………………….
Saroj Bala Bohra, Member
