BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM; FATEHABAD.
Complaint Case No.224 of 2017.
Date of Instt.:08.09.2017.
Date of Decision:14 .12 .2017.
Anil Kumar son of Krishna Kumar, resident of Tohana Road, Bhuna, Tehsil and District Fatehabad.
..Complainant
Versus
1.M/s R.C. Radio Works, Shastri Bazar, Tohana-125120 District Fatehabad through its proprietor/ partners.
2.M/s Leeann Retails Private Limited, 4th Floor, Shaphir Plaza, Plot No.80, S.No.232, New Airport Road, Near Symbiosis College Saknore Nagar, Viman Nagar, Pune-Maharashtra – 411014 through it Managing Director/ Directors.
..Respondents/OPs
Before: Sh.Raghbir Singh, President.
Sh.R.S.Panghal, Member.
Mrs.Ansuya Bishnoi, Member.
Present: Sh.K.K.Jangra, Adv. for the complainant.
OPs already ex-parte.
ORDER
The present complaint under Section 12 of Consumer Protection Act, 1986 has been filed by the complainant against the OPs with the averments that he had purchased a mobile having model No.SM-G935G IMEI No.357327070692583/0692581 for a sum of Rs.55,900/- from the OP No.1 and the said mobile was insured with the OP No.2 through OP No.1 vide No.31447810 SGI-2399-73520890. Therefore the complainant is the consumer of Ops as defined in the Consumer Protection Act, 1986.
2. It is further submitted that after some time the said mobile was broken and as such he approached service cerntre of the OPs and he was asked to send the mobile to OP No.2. Therefore the complainant sent the same to OP No.2 on 03.03.2017 through courier service and complaint No. is 1702080445. He was assured that either mobile handset will be replaced or cost of the same will be refunded to the complainant. However, till date neither the complainant has been refunded the cost of the mobile nor the same has been replaced. The complainant contacted the OPs many times telephonically but no satisfactory reply was given by them. It is further submitted that thereafter the complainant served the OPs a legal notice dated 11.07.2017 through his counsel vide which the OPs were called upon either to refund the cost of the mobile or make a replacement of the same, but all in vain. The above said act on the part of OPs amounts to deficiency in rendering service to the complainant and the complainant is entitled for refund of the cost of the mobile along-with compensation. Hence, this present complaint.
3. Despite proper service the OPs did not appear before this Forum and as such they were proceeded ex-parte on 13.10.2017.
4. In evidence, the complainant tendered Bill Cash Memo Ex.C1 having stamp of the insurance company, letter dated 03.03.2017 to Leehan Retails Pvt. Ltd. Ex.C2, legal notice Ex.C3, receipts of Indian Postal Ex. C4 & C5, acknowledgement Ex.C6 and closed the evidence.
5. We have considered the arguments advanced by learned counsel for the complainant and have also examined the entire material placed on record of the case. It is the case of the complainant that he purchased a mobile set for a sum of Rs.55,900/- from OP No.1 and the same was insured with Op no.2. The said mobile thereafter was broken and as such he approached the OP No.2 for replacement of the said mobile or refunding the cost in view of the insurance policy issued by them. However, despite many requests made by him the OP no.2 failed to refund the cost of the mobile in accordance with the insurance policy issued by them. In support of his contention the complainant has produced Bill Cash Memo Ex.C1 and the document of insurance having No.31447810 and SGI-2399-73520890 issued by OP No.2. The complainant also produced the document dated 03.03.2017 vide which the mobile was sent to Op No.2 through courier. The complainant also tendered affidavit Ex.CW1/A wherein averments made in the complaint have been reaffirmed. Since the OPs did not appear and contest the present complaint as such the averments made in the complaint have gone unrebutted. We are of the opinion that the complainant has been able to prove deficiency on the part of OPs.
6. Accordingly the present complaint is allowed and the OPs are directed to refund the original cost of the mobile to the complainant jointly and severally after making depreciation as per the insurance
policy. The above said order be complied with within a period of 30 days otherwise the above said amount shall carry an interest @ 6% from the date of passing of this order till realization. A copy of this order be furnished/given to both the parties free of cost as provided in the rules. File be consigned to record room after due compliance.
ANNOUNCED IN OPEN FORUM. Dt.14.12.2017
(Ansuya Bishnoi) (R.S.Panghal) (Raghbir Singh)
Member Member President
DCDRF, Fatehabad
