BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer complaint no. 305 of 2016.
Date of Institution: 25.11.2016.
Date of Decision: 11.4.2017
Vishal Taneja aged about 23 years son of Shri Gopal Taneja, resident of Ward No.3, Ellenabad, Tehsil Ellenabad, District Sirsa.
………Complainant.
Versus
- M/s Shyam Guru Associates, Main Bazaar, Ellenabad, District Sirsa through its Proprietor.
- The Incharge/ Authorized Officer, Appsdaily Solutions Pvt. Ltd. Gopal Goras Bhandar, Sadar Bazaar, Sirsa now shop No.67, New M.C. Market, Sirsa.
2A. Appsdaily Solution Pvt. Ltd., Regd. Head Office, D3137-39, Oberoi Garden Estates, Chandivali Farm Road, Andheri (E) Mumbai-400072.
- Samsung India Electronics Pvt. Ltd., B-1, Sector 81, Phase 2 Noida, District Gautam Budh Nagar, UP, through its Managing Director.
……… Opposite parties.
Complaint under Section 12 of the Consumer Protection Act, 1986.
Before: SHRI S.B.LOHIA…………………PRESIDENT
SMT. RAJNI GOYAT……………MEMBER.
Present: Shri Sandeep Khattar, Advocate for complainant.
Opposite parties No.1, 2 & 2A exparte.
Sh. A.S. Kalra, Advocate for opposite party no.3.
ORDER
In brief, case of complainant is that he had purchased a new mobile handset Samsung Galaxy E7 from opposite party no.1 for a sum of Rs.16,500/- vide bill No.3938 dated 4.9.2015. On the same day, on the recommendation of op no.1, the complainant got his mobile insured from op no.2 & 2A for one year against all the risks including physical damage etc. and paid Rs.1499/- qua the insurance charges. It is further averred that in the month of July, 2016 the handset of complainant got physical damage. The complainant immediately informed the ops No.2 and 2A about the same and op no.2 had taken the mobile from complainant and issued job sheet dated 4.7.2016 with the promise that within one week, said mobile will be repaired or replaced and will be handed over to him and an amount of Rs.500/- was got deposited from the complainant on account of repair charges. The complainant refused to pay the same because mobile was still under the period of insurance but op no.2 refused even to touch the mobile without payment of Rs.500/-. Therefore, he had deposited the amount of Rs.500/- with op no.2 under protest. The complainant since July, 2016 has been making rounds to the office of op no.2 but all the time the op no.2 has been avoiding the requests of complainant on one false pretext or the other. That now more than two months have passed but neither the delivery of mobile was given nor any positive response has been received by complainant from the side of op no.2 inspite of repeated telephonic calls as well as his personal visits. The op no.2 instead of admitting the genuine claim of mobile also misbehaved with him. It is further averred that on 27.9.2016, the complainant sent a registered legal notice to ops but to no effect. The complainant received an E-mail message from op no.2-A vide which the op no.2A asked the complainant to submit the documents relating to the insurance of his mobile and complainant sent the same to op no.2A through courier on 30.9.2016 but despite that no positive response has been received. Hence, this complaint.
2. On notice, opposite party no.3 appeared and filed reply taking certain preliminary objections. It is submitted that complainant has no cause of action against the answering op as the case of complainant is only against the insurance company i.e. ops No.2 and 2A as the unit of complainant was physically damaged due to mishandling on the part of complainant and it is the insurance company who insured the unit of complainant. It is further submitted that the insurance contract exists only between the complainant and ops no.2 and 2A, therefore, answering op has no liability in any respect whatsoever.
3. Ops No.1,2 and 2A did not appear despite notice and were proceeded against exparte.
4. The complainant has produced his affidavit Ex.CW1/A and documents Ex.C1 to Ex.C9. On the other hand, op no.3 produced affidavit Ex.R1 and copy of warranty card Ex.R2.
5. We have heard learned counsel for the parties and have perused the case file carefully.
6. It is established on record that complainant purchased the mobile in question for a sum of Rs.16,500/- from opposite party no.1 on 4.9.2015 as is evident from copy of cash invoice Ex.C1. According to the complainant on the same day, the mobile in question was insured with ops no.2 and 2A and in this regard he has placed on file document i.e. assurance+pack-lite on which bar code is mentioned and from the same it is evident that mobile of the complainant was insured for a period of one year against the premium of Rs.1299/-. The mobile in question of the complainant was physically damaged within insurance period i.e. in the month of July, 2016 and same was deposited with op no.2 as is evident from job sheet dated 4.7.2016 Ex.C2. Vide Ex.C2, the op no.2 also charged an amount of Rs.500/- from the complainant but there is no justification of charging of said amount of Rs.500/- from the complainant by op no.2. Despite charging of the amount of Rs.500/- without any reason, the opposite parties no.2 and 2A have neither provided mobile in question to the complainant after repair nor given any claim amount to him despite passing of a long period. They have also not bothered to appear before this Forum and have opted to be proceeded against exparte. So, in our considered opinion, the ops no.2 and 2A are liable to refund the price of the mobile in question to the complainant alongwith amount of Rs.500/- illegally charged by them as the mobile in question is lying with them since long. However, no liability of any type of ops No.1 and 3 is made out.
7. Thus, as a sequel to our above discussion, we allow the present complaint qua opposite parties No.2 and 2A and direct them to refund an amount of Rs.16,500/- i.e. price of the insured mobile in question to the complainant and also the above said amount of Rs.500/- charged by them within a period of one month from the date of receipt of copy of this order, failing which the complainant would be entitled to interest @9% per annum from the date of order till actual payment. Copy of this order be supplied to the parties as per rules. File be consigned to record room.
Announced in open Forum. President,
Dated:11.4.2017 Member. District Consumer Disputes
Redressal Forum, Sirsa.
