Haryana

StateCommission

A/418/2016

GANESH CHAND SHARMA - Complainant(s)

Versus

PICKME ESOLUTIONS INDIA PVT.LTD. AND ANR. - Opp.Party(s)

IN PERSON

15 Jul 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

                                                First Appeal No.           418 of 2016

                                                Date of Institution:       12.05.2016

                                                Date of Decision:         15.07.2016

 

Ganesh Chand Sharma son of Sh. Ambadatt Sharma, resident of QTR No.384, Type 2, N.H. 4, NIT, Faridabad.

                             Appellant-Complainant

Versus

1.      Pickme Esolutions India Private Limited through Director/Authorized Representative, 2^nd Floor, A-One Complex, Jagmohan Compound, Near Hotel Ajit Palace, Dahisar Check Naka, Kashimira, Mira Road (E), Mumbai – 401101.

 

2.      M/s Mobility World through proprietor/partner, Shop No.31, K.C. Cinema Road, 4/5 Chowk, NIT 5, Faridabad.

                                      Respondents-Opposite Parties

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Mr. B.M. Bedi, Judicial Member.

                                                         

Present:              Mr. Kamal Mor, Advocate for the appellant.

           

                                                   O R D E R

 

NAWAB SINGH J, (ORAL)

 

This complainant’s appeal is directed against the order dated April 05^th, 2016 passed by District Consumer Disputes Redressal Forum, Faridabad (for short, ‘District Forum’).  Operative part of the order is reproduced as under:-

“6.     Opposite parties No.1 & 2 are directed to refund, jointly and severally, the cost of mobile handset amounting to Rs.73,199/- alongwith interest @ 9% per annum from the date of filing of the present complaint till its realization and to pay Rs.2200/- on account of mental agony as well as harassment besides Rs.1100/- as litigation expenses to the complainant within 30 days from the date of receipt of this order...”  

         

2.      On February 11^th, 2015 Ganesh Chand Sharma-complainant purchased mobile phone- iPhone 6 Plus Apple make from M/s Mobility World, Faridabad-opposite party No.2 for Rs.73,199/-.  On the assurance of the opposite party No.2, the complainant purchased insurance policy (Exhibit CW1/4) by paying Rs.1699/-.  On 19^th June, 2015, the screen of the mobile phone damaged.  The complainant informed the opposite parties.  On June 20^th, 2015, the complainant gave its mobile phone to the opposite party No.1 for its repair.  Neither the opposite parties returned the mobile phone nor repaired the same.  Hence, he filed complaint under Section 12 of the Consumer Protection Act, 1986 before the District Forum. 

3.      The complaint was accepted by the District Forum and issued direction to the opposite parties as mentioned in paragraph No.1 of this order.

4.      Dissatisfied with the order of the District Forum, the complainant has come up in appeal for enhancement of compensation.

5.      The District Forum vide impugned order directed to the opposite parties to refund the price of the mobile phone, that is, Rs.73,199/- alongwith interest at the rate of 9% per annum to the complainant besides Rs.2200/- as compensation and Rs.1100/- litigation expenses. This being so, the complainant has been adequately compensated and as such, no case for interference in the impugned order is made out.

6.      The appeal is therefore dismissed.

 

Announced 15.07.2016

(B.M. Bedi) Judicial Member

(Nawab Singh) President

 

UK