Delhi

North East

CC/231/2014

Umesh Kr. - Complainant(s)

Versus

M/s Royal Green Services - Opp.Party(s)

21 Aug 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 231/14

 

In the matter of:

	Shri Umesh Kumar E-491, Gali No. 8, Jagjeet Nagar, Delhi-110053.	Complainant
	Versus
1       2     3	M/s Royal Green Services Pvt. Ltd. 303, 3rd Floor, Dimension Deepti Plaza, Pocket-6, Dwarka, New Delhi 110045   M/s Digitek Computers Pvt Ltd. C-6/232, Yamuna Vihar, Delhi 110053   M/s Apple India Pvt Ltd. 19th Floor, Concorde Tower-C, UB City No. 24, Vittal Mallya Road, Bangalore 560 001	Opposite Parties

 

	DATE OF INSTITUTION:	01.07.2014
	RESERVED FOR ORDER:	20.08.2018
	DATE OF DECISION:	21.08.2018

 

N.K. Sharma, President

Ms. Sonica Mehrotra, Member

Ravindra Shankar Nagar, Member

Order passed by Ms. Sonica Mehrotra, Member:-

ORDER

1. The complainant had submitted that he had purchased one mobile set of Apple Company Model No. I-4 IMEI                         No. 013272000570218 on 11.05.2013 vide bill no. 109605 for an amount of Rs. 25,000/- from OP2 for which the complainant had also taken service plan for two years vide Plan ID No. RGS-07/005677 dated 11.05.2013 from OP1 and had paid Rs. 2500/- at the same time against the said plan to OP1. It has been further submitted by the complainant that OP2 is the authorized dealer of OP3 and OP1 is the service provider of OP3 and OP3 is the marketing office of said Mobile Phone in India. It has been further submitted by the complainant that OP1 assured him that it shall provide pick and drop facility under the cashless protection plan in case any problem occurs in the mobile for two years from the date of purchase of plan and the above plan was purchased on 11.05.2013 and as such it was valid upto 10.05.2015. It has been further submitted by complainant that after some time, he faced a problem in the On/OFF (Power) Push Button of the mobile set as it required heavy pressure to switch it ON/OFF (Power) for which the complainant made a complaint to OP1 and a field executive of OP1 picked up the mobile set and after the repairs delivered the same to the complainant. The complainant had further submitted that the above mobile set functioned properly for next three-four months but again in the month of May 2014, the complainant faced the same problem as earlier and as such he made a complaint again and the OP1 executive picked up the phone for repairing the same on 27.05.2014 vide plan ID no. 005677. Thereafter, the complainant had submitted that he made a call to the Customer Care of OP1 to know the status of the mobile phone and it was replied by OP1 that his policy had been terminated and he will get the phone back next day but OP1 didn’t hand over the mobile set of the complainant for about 3-4 days and as such the complainant sent an email to OP1 on 30.05.2014 but OP1 instead of dropping / handing over the mobile set to complainant, sent a false and frivolous reply e-mail dated 30.05.2014 alleging that the mobile set was delivered to the complainant on 29.05.2014 but the complainant didn’t hand over receipt of the same. It has been further submitted by complainant that at the time of picking up the phone 2^nd time on 27.05.2014, the executive of OP1 made allegation that IMEI No. of the said mobile is not the same as previously repaired one. Upon this, the complainant stated that he had not got the mobile phone repaired from anywhere else other place and the mobile phone was repaired by OP1 only first time also. Further, the complainant had stated that on one hand OP1 was alleging that there was change in IMEI No. and on the other hand, OP1 was collecting the mobile set for repair for the same problem as it was earlier and erroneously the OP1 was stating that the above phone was handed over back to complainant whereas it was still in the possession of OP1. Vide the present complaint, the complainant has submitted that the above acts of the OP1 have caused mental harassment, financial and reputational loss for which the OPs are jointly and severally responsible and has prayed for directions to all OPs to pay the compensation of                         Rs. 1,00,000/- to the complainant and that the OPs should also be directed to hand over the above mobile set or replace the said mobile set with a new mobile phone or refund the amount of Rs. 25,000/- alongwith interest @ 24% p.a. till the date of final disposal of this case in addition to Rs. 2500/- taken by OP1 for cashless protection plan which was arbitrarily terminated during the covered period. Further, the complainant had prayed before this Forum to direct OPs to pay Rs. 11,000/- to the complainant towards cost of litigation.

The complainant had attached a copy of retail invoice bearing no. 109605 dated 11.05.2013 towards the purchase of I-Phone having IMEI No. 013272000570218 for an amount of Rs. 25,000/-, copy of Cashless Protection Plan issued by OP1 bearing no. RGS-07/005677 dated 11.05.2013 for an amount of Rs. 2500/- towards the brand name Apple Model No. I-4 IMEI No. 013272000570218 with plan validity for two years from the date of devise purchased has been attached. It is also mentioned in the note below that the customer must always inform the OP1, should there be any change in the IMEI No. of the devise else the plan will get invalid. A copy of Job sheet dated 27.05.2014 towards the IMEI No. 013272000570218 has also been attached bearing hand written remark “IMEI IS NOT SAME”. Further, a copy of email dated 30.05.2014 from the complainant to OP1 and reply e-mail from OP1 to complainant dated 30.05.2014 has been attached.

2. Notices were issued to OPs on 01.07.2014 for appearance in the Forum on 05.08.2014 and the same were delivered to the OP2 & OP3 but in respect of OP1, the notice was returned by Postal Authority mentioning that no such firm at the given address. After giving several opportunities for OPs to appear before this Forum, when OPs failed to appear, they were proceeded against ex-parte vide order dated 29.09.2014 due to continuous non appearance.  
3. Complainant had filed Ex parte affidavit alongwith original retail invoice, original receipt of cashless protection plan and carbon copy of job sheet. Written arguments in support of his contentions had also been filed by complainant to buttress his grievance against the OPs.
4.  We have heard the oral arguments addressed by the complainant and have also gone through the documentary evidence in support of contentions made by the complainant. Though there is a remark in the job sheet of OP1 dated 27.05.2014 “IMEI IS NOT SAME” and the cashless protection receipt foot note also states that “Customer must always inform OP1 should there be any change in the IMEI of the devise else the plan will get invalid” but in the absence of OPs (in particular OP1) to rebut the allegation of incorrect endorsement on the jobsheet as alleged by the complainant, the benefit of doubt has to be given to the complainant in such an event. Further OPs have failed to appear and falsify / deny the allegation of the complainant of non receipt of his mobile phone and also allegation of threat extended to him by OP1 vide e-mail dated 30.05.2014 for legal action against cheating.  Accordingly, we hold the view that in the absence of any rebuttal by the OPs, the complainant has succeeded in establishing a case of deficiency in service on the part of OP1, OP2 & OP3 and accordingly, we direct all the OPs jointly and severally in capacity of insurer / service centre, dealer and marketing  company to refund the amount of Rs. 27,500/-   (Rs. 25,000/- + Rs. 2500/-) towards the purchase of mobile set and cashless protection plan to the complainant, in addition to Rs. 10,000/- towards the compensation for the mental and physical harassment caused to the complainant and                Rs. 5,000/- towards the litigation charges within a period of 30 days from the receipt of this order, failing which all the OPs shall be liable jointly and severally to pay penal interest @9% p.a. on the total awarded amount i.e. Rs. 42,500/- from the date of this order till realization.
5. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
6. File be consigned to record room.

(Announced on 21.08.2018)         

(N.K. Sharma)      President

(Sonica Mehrotra) Member

(Ravindra Shankar Nagar) Member