BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.314 of 2015
Date of Instt. 24.07.2015
Date of Decision : 25.04.2016
Kulbhushan Bagha son of Rajinder Parsad R/o 66, Guru Gobind Singh Nagar, Jalandhar.
..........Complainant Versus
1. M/s Raja Mobiles, 501, New Model House, Jalandhar through its Prop./Authorized Signatory.
2. M/s Intex Technologies (India) Ltd., D-18/2, Okhla Industrial Area, Phase-II, New Delhi-110020.
3. M/s Royal Green Services Pvt Ltd., C-127, 3rd Floor, Naraina Industrial Area, Phase-I, New Delhi.
4. Intex Service Centre, M/s Goyal Telecom, 3EG, 796, Mandi Road, Near Railway Station, Jalandhar.
.........Opposite parties.
Complaint Under Section 12 of the Consumer Protection Act.
Before: S. Bhupinder Singh (President)
Ms. Jyotsna Thatai (Member)
Sh.Parminder Sharma (Member)
Present: Mrs.Sujan Sandhu Adv., counsel for the complainant.
Opposite parties exparte.
Order
Bhupinder Singh (President)
1. The complainant has filed the present complaint with the submission that complainant purchased one Intex mobile phone Aqua-i7 bearing IMEI No.911338550117644 vide invoice No.R-1907 dated 20.8.2014 for a sum of Rs.23,500/- from OP No.1 and OP No.1 got this mobile phone insured from OP No.3 vide insurance slip dated 5.11.2014 duly signed by authorized representative of OP No.1. The said mobile phone was broken in a accident and complainant submitted the said broken mobile with OP No.1 but OP No.1 did not issue any receipt for the same by saying that it was not required and OP No.1 assured the complainant that as the mobile has been broken within warranty period and the same is also insured, as such OP No.1 shall refund the price of the mobile phone. After submission of mobile phone by complainant, OP No.1 did not replace the same even after a period of two months. On such averments, the complainant has prayed for directing the OPs to refund the price of the mobile phone i.e. Rs.23,500/-. He has also claimed compensation and litigation expenses.
2. Upon notice, opposite parties were served but OPs neither appeared nor filed written statement as such they were proceeded against exparte.
3. In support of his exparte complaint, complainant has tendered into evidence affidavit Ex.CW1/A alongwith copies of documents Ex.C1 to Ex.C4 and closed his exparte evidence.
4. We have carefully gone through the record and also heard the learned counsel for the complainant.
5. From the averments of the complaint as well as evidence produced on record by the complainant, it stand fully proved on record that the complainant purchased one Intex mobile handset from OP No.1 vide invoice dated 20.8.2014 copy of which is Ex.C1 for sum of Rs.23,500/- and OP No.1 got this mobile phone insured from OP No.3 vide insurance slip dated 5.11.2014 Ex.C2 which was duly signed by authorized representative of OP No.1. The said mobile phone was broken in a accident and the complainant lodged the claim with the OP No.3 through OP No.1 but neither OP No.1 nor OP No.3 paid the amount of the mobile set to the complainant. In order to prove his version, the complainant proved the averments of the complaint vide his affidavit Ex,CW1/A and also proved on record the invoice Ex.C1 and the insurance cover note Ex.C2 issued by OP No.3 through OP NO.1 as it is duly signed by OP No.1 also, on payment of Rs.1799/-. The said mobile set was broken in a accident and the complainant lodged the claim with OP No.3 through OP No.1 but neither OP No.1 nor OP No.3 paid the amount of the mobile set to the complainant. The evidence produced on record by the complainant remained unrebutted and unchallenged as none appeared on behalf of any of the OPs despite service to contest the complaint of the complainant, nor any person form the OPs dared to file any affidavit to rebut the evidence produced on file by the complainant to prove his case. Consequently, it stands fully proved on record that the mobile set of the complainant was broken in accident within the period of insurance i.e. one year from the date of purchase i.e. 20.8.2014 to 20.8.2015 and as per this insurance cover note Ex.C2, accidental damage is covered for one year. So, OPs No.1 & 3 are liable to pay the amount of the mobile set to the complainant under this insurance cover note which is duly signed by OP No.1 also.
6. Resultantly, we allow the complaint exparte with cost and the OPs NO.1 & 3 are directed to pay the amount of the mobile set to the complainant i.e. Rs.23,500/- within one month from the date of receipt of copy of this order failing which OPs No.1 & 3 shall be liable to pay interest on the price amount of the mobile set of the complainant i.e. Rs.23,500/- @ Rs.9% per annum from the date of filing of the complaint till the payment is made to the complainant. The OP No.1 & 3 are also directed to pay cost of litigation to the complainant to the tune of Rs.2000/-. Copies of the order be sent to the parties free of costs under the rules. File be consigned to the record room.
Dated Parminder Sharma Jyotsna Thatai Bhupinder Singh
25.04.2016 Member Member President
