O R D E R
Subhash Gupta, Member
The complainant has filed present complaint against O.Ps under section 12 of the Consumer Protection Act, 1986. The brief facts as alleged in the complaint are that complainant on 24.01.2014 purchased a mobile phone make LG-D821 (Black) 32 GB bearing IMEI No.352136062002171 for a sum of Rs.33,992/- from the O.P-1. The complainant obtained a protection plan for a consideration of Rs.3,300/- on the same date from O.P-2. It is further pleaded that as the mobile handset was not functioning he approached O.P-2 for repairs which was got carried out on chargeable basis. That on 04.09.2015 the complainant again approached O.P-2 for the service of the mobile handset but O.P-2 refused to repair the same. Vide the present complaint the complainant is seeking replacement of the mobile handset, Rs.70,000/- as compensation towards harassment and mental agony and Rs.25,000/- as litigation charges.
2. The notice was issued to both the O.Ps but as despite service none appeared, therefore, vide order dated 09.03.2016 bot the O.Ps were proceeded ex-parte. Complainant has filed his affidavit in evidence testifying all the facts as alleged in the complaint. The complainant has also filed copy of the cash memo, copy of the protection plan issued by O.P-2 and copy of a letter dated 04.09.2015 addressed to the complainant by O.P-2.
3. We have carefully gone through the record of the case and have heard submission of the complainant.
4. From the perusal of record we find that complainant has purchased the mobile handset and has also obtained the protection plan as alleged in the complaint. A letter addressed to the complainant by O.P-2 which has been relied upon by the complainant shows that the O.P-2 has intimated him that the handset is beyond repairs and the O.P-2 is ready to pay compensation to the complainant as per the terms and conditions of the protection plan. The complainant has remained silent on this important piece of letter/ offer.
5. We have gone through the terms and conditions of the protection plan according to which the complainant is entitled to receive compensation @ 10% as the handset was purchased on 24.01.2014 and service was requested on 02.07.2015. It was stipulated in the plan that the complainant will be entitled to receive different amounts in case of irreparable mobile handset depending upon the date of its purchase. These terms and conditions were agreed to by and between the parties at the time of issue of the protection plan and hence are binding on them. Since no deficiency has been alleged or proved against O.P-1 the case qua it is dismissed. However, complainant is entitled to receive a sum of Rs.3,000/- being 10% of the cost of the mobile handset from O.P-2 (Rs.3,777/- was paid as VAT have been excluded from the cost of the mobile handset).
6. The complainant is further awarded a sum of Rs.2,000/- as compensation for causing mental agony and harassment to the complainant. This amount will also include cost of litigation. Ordered accordingly.
Copy of this order be sent to the parties as per rules.
Announced this 10th day of May,2016.
(K.S. MOHI) (SUBHASH GUPTA) (SHAHINA)
President Member Member
