Andhra Pradesh

Visakhapatnam-II

CC/136/2013

Pradeep Kumar Acharya - Complainant(s)

Versus

M/S DICC MOBILES (Pvt) Limited, - Opp.Party(s)

J. Suresh Chandra Reddy

19 Jan 2015

ORDER

 Reg.of the Complaint:10-06-2013

                                                                                                                                 Date of Order:19-01-2015

BEFORE THE DISTRICT CONSUMERS FORUM-II

AT VISAKHAPATNAM

                   Present:

1.Sri H.ANANDHA RAO, M.A., L.L.B.,

       President

2.Sri C.V.RAO, M.A., B.L.,

                                             Male Member

3.Smt.K.SAROJA, M.A., B.L.,

       Lady Member

                                            

 

MONDAY, THE 19^TH DAY OF JANUARY, 2015

CONSUMER CASE NO.136/2013

 

BETWEEN:

SRI PRADEEP KUMAR ACHARYA S/O GANESHWAR ACHARYA,

HINDU, AGED ABOUT 50 YEARS, R/O D.NO.49-53-8/32,

FLAT NO.403, GEETHA MANSION-5, BALAJI HILLS,

SEETHAMMADHARA, VISAKHAPATNAM.

…COMPLAINANT

AND:

1.M/S DICC MOBILES (PVT) LIMITED, BIG C MOBILES AGENCY,

REP. BY ITS MANAGER MR.B.CHANDRA SEKHAR,

S/O NOT KNOWN TO THE COMPLAINANT, HINDU,

AGED ABOUT 32 YEARS, SHOP NO.1, NARASIMHA COMPLEX,

OPP:INDIA POST, DABAGARDENS, VISAKHAPATNAM-20.

2.ADITYA BIRLA INSURANCE BROKERS, C-2, 2^ND FLOOR,

MILLENIUM SQAUARE, NAGARJUNA CIRCLE, PANJAGUTTA,

HYDERABAD.

…OPPOSITE PARTIES

This case coming on 02-01-2015 for final hearing before us in the presence of SRI J.SURESH CHANDRA REDDY, Advocate for the Complainant, and of 2^nd OP, being set exparte, and having stood over till this date for consideration, this Forum made the following.

ORDER

 (As per SMT.K.SAROJA, Honourable Lady Member on behalf of the Bench)

 

1.       The case of the complainant in brief is that the complainant purchased a Sony Mobile Xperia J.No.354306057424603  for an amount of Rs.15,499/- including national theft insurance for an amount of Rs.205.71ps and vat @ 5%  on 09-03-2013 from the 1^st OP.  On 14-03-2013, the complainant met with a small accident and the said mobile phone, got damaged. Immediately, the complainant approached the authorized service centre on 15-03-2013 and handed over the mobile phone. The service centre approved initial estimate of Rs.7,112.75ps. On 19-03-2013, the complainant handed over all the original documents to Aditya Birla Insurance Brokers which is the 2^nd Opposite Party. The Complainant approached the IV Town P.s.  but they did not register any complaint for personal damages. In spite of many requests made by the complainant, the 2^nd OP did not issue any insurance policy to the complainant till now. The complainant issued a legal notice to the OP. But, there is no reply from the OPs. Hence, this complaint.

a.       Directing the Opposite Parties to pay the cost of the instrument  Rs.15,499/- together with interest @ 24% p.a., from the date of damage to the instrument i.e., 14-03-2013 till the date of payment.

b.       directing the Opposite Parties to pay an amount of Rs.25,000/- towards the deficiency in service and an amount of Rs.25,000/- towards mental agony.

c.       directing the Opposite Parties to pay an amount of Rs.5,000/- towards costs of the complaint.

d.       For such other relief/reliefs that the Forum deems fit and proper in the circumstances of the case.

2.       The 1^st OP called absent. The 2^nd OP did not attend before this forum hence it was set exparte and remained exparte.

4.       At the time of enquiry, the complainant filed an affidavit as well as written arguments to support his contention. Exhibits A1 to A5 are marked for the Complainant.  Heard the complainant.

5.       Exhibit A1 is the Credit Bill issued by the 1^st OP dated 09-03-2013, Exhibit A2 is the Service job sheet issued by S.S.Technologies dated 15-03-2013, Exhibit A3 is the Letter written by the complainant to the 1^st OP dated 19-03-2013, Exhibit A4 is the Legal Notice issued by the Complainant, dated 27-04-2013 and Exhibit A5 is the return cover dated 30-04-2013.

6.       The fact shown from the Exhibit A1 reveals that the complainant purchased Sony Mobile  Xperia J.No.354306057424603  for an amount of Rs.15,499/- including National Theft Insurance for an amount of Rs.205.71ps and vat @ 5%  on 09-03-2013 from the 1^st OP. Exhibit A2 reveals that the Service Centre Technician noted the problem of the Mobile Phone, Toughpanal Brake & Damage on 15-03-2013 and estimated initial insured amount at Rs.7,112.75ps.

7.       The point that would arise for determination is:

Whether there is any deficiency of service on the part of the OPs? if so, Whether the Complainant is entitled to the   reliefs asked for?

8.       After careful perusal of the case record, this forum finds that there is no dispute regarding the mobile phone purchased from the 1^st OP and the mobile phone covers National Theft Insurance. Though the mobile phone got insurance, the OPs did not issue any Insurance Policy in spite of the complainant’s requests. The service centre of the OP estimated the loss at Rs.7,112.75ps  but the OP failed to give the insured amount nor repaired the said mobile to the complainant till now. It is the bounden duty of the OPs to give insurance amount to the mobile phone, as the mobile got insurance from the 2^nd OP.  So, both the OPs are held liable. Though the mobile phone is under warranty and got insurance, the OPs did not settle the claim, it amounts to deficiency in service coupled with unfair trade practice on the part of the OPs. Hence, the complainant is entitled to Rs.15,499/- with interest, some compensation and costs too.

9.       In the result, the Complaint is allowed, directing the Opposite Parties 1 & 2: 1) to pay an amount of Rs.15,499/- (Rupees Fifteen Thousand, Four Hundred and Ninety Nine only) with 9% p.a., from 15-03-2013 to till the date of actual realization, 2) to pay a compensation of Rs.2,000/- (Rupees Two Thousand only) and costs of Rs2,000/- (Rupees Two Thousand only)  to the Complainant.

 Time for compliance, one month from the date of this order.

The complainant is directed to hand over the mobile phone after compliance of the order by the OPs.

Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open Forum, on this the 19^th day of January, 2015.

 

  Sd/-                                                      Sd/-                                        Sd/-

M.MEMBER                                                     PRESIDENT                                                L.MEMBER  

 

 

 

 

APPENDIX OF EVIDENCE

Exhibits Marked for the Complainant:

Exhibits	Date	Description	Remarks
A-1	09-03-2013	Credit bill issued by the Opposite party	Photocopy
A-2	15-03-2013	Service job sheet issued by S.S.Technologies	Photocopy
A-3	19-03-2013	Letter written by the complainant to the 1st OP	Office Copy
A-4	27-04-2013	Legal Notice issued by the Complainant	Office Copy
A-5	30-04-2013	Return cover	Original

 

Exhibits Marked for the OPs     -nil-

 

   Sd/-                                                    Sd/-                                         Sd/-

M.MEMBER                                                     PRESIDENT                                                L.MEMBER