Delhi

North East

CC/25/2019

Sh. Bittu - Complainant(s)

Versus

M/s The Mobile Gallery - Opp.Party(s)

07 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

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

 

Complaint Case No.25/19

 

 

In the matter of:

 

 

	Sh. Bittu S/o Sh. Khem Chand R/o A-1/20,A-Block, Street No.1 Dr. Ambedkar Colony Pradhan Gali, Jiwanpur Alias Johripur, Gokalpuri, North East, Delhi-110094		Complainant
	Versus
1.       2.         3.     4.	M/s The Mobile Gallery C-660 Shop No.1, Main Wazirabad Road, Bhajanpura, Delhi-110053   M/s Motorola Mobility India Pvt. Ltd. 12th Floor, Tower-D, DLF Cyber city, DLF Greens, DLF City, Gurugram-122002, Haryana   M/s Mapro Technology India Co. Pvt. Ltd. C-44 First Floor Sector 57 Noida-201301   M/s The Oriental Insurance Co. Ltd. Second Floor D.J House Wilson Pen Compound, Old Nagardas Road Subway, Andheri East, Mumbai, Maharashtra, 400069	Opposite Parties

 

 

DATE OF INSTITUTION: JUDGMENT RESERVED ON:                   DATE OF ORDER:

19.02.19 15.11.22 07.03.23

 

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

 

 

 

                                                                    ORDER

     Anil Kumar Bamba, Member

The Complainant has filed the present complaint under Section 12 of the Consumer protection Act, 1986.

Case of the Complainant

1. The case of the Complainant as revealed from the record is that he purchased a mobile phone i.e. Motorola, Model E4 Plus, having IMEI/serial no. 356513088531134 on 01.12.17 for a sum of Rs. 9,999/- from Opposite Party No.1 and the Complainant also took insurance policy for his mobile from Opposite Party No.4 having policy no. 131100/48/2018/5542. The Complainant stated that on 09.08.18 the Complainant met with an accident and his mobile phone got damaged and he gave intimation to Opposite Party No.4. On 11.08.18 Complainant visited Opposite Party No.1 and showed his damaged mobile phone to executive of Opposite Party No.4 who gave assurance to Complainant that he will complaint about the damaged phone in head office of Opposite Party No.4. The Complainant submitted that he again visited Opposite Party No.1 and enquired about the insurance of his mobile and the executive informed him that the phone in question was sent to Opposite Party No.3 service enter. The Complainant stated that on 14.08.18  he made phone call to executive of insurance company and the executive replied that the phone in question was returned to the shop of Opposite Party No.1 as the Opposite Party No.4 has rejected the claim of Complainant stating that the mobile in question was not damaged accidently. The Complainant stated that he had also sent legal notice to Opposite Party  dated 03.12.18 through speed post on 04.12.18 but all in vain. Hence, his shows deficiency on the part of Opposite Party. Complainant has prayed for Rs. 9,999/- i.e. the cost of mobile phone and Rs. 1,00,000/- for metal harassment as well as litigation expenses.  
2. None has appeared on behalf of Opposite Parties to contest the case despite service of notice. Therefore, Opposite Parties were proceeded against Ex-parte vide order dated 04.02.20.

Ex-parte evidence of the Complainant

3. The Complainant in support of his complaint filed his affidavit wherein he has supported the averments made in the complaint.

 

 

Arguments & Conclusion

4. We have heard the Ld. Counsel for the Complainant and we have also perused the file. The averments made by the Complainant in the complaint are supported by his affidavit and documents filed by him. The Opposite Parties did not appear and did not file any written statement. Therefore, the averments made in the complaint are to be believed.
5. In view of the above discussion, the complaint is allowed. Opposite Party No.4 is directed to pay the cost of mobile phone in question i.e.  Rs. 9,999/- to the Complainant along with interest @ 6 % p.a. from the date of filing the complaint till recovery. Opposite Party No.4 is also directed to pay Rs. 5,000/- to the Complainant with interest @ 6 % p.a. from the date of  this order till recovery on account of mental harassment and litigation charges.
6. Order announced on 07.03.23.

Copy of this order be given to the parties free of cost

File be consigned to Record Room.

(Anil Kumar Bamba)           Member

(Surinder Kumar Sharma) President