Delhi

North East

CC/178/2015

Ajay Karan - Complainant(s)

Versus

R.R.S.S Communcation - Opp.Party(s)

03 Jul 2019

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.178/15

 

In the matter of:

	Ajay Karan S/o Shri Kishan Swrop R/o 173/6, Street No. 2 Tunda Nagar, Johripur, Delhi-110094.	Complainant
	Versus
1.       2.	R. R. S. S. Communication Pocket-H, 159-A, Dilshad Garden Delhi-110095.   New Mobile Care India Pvt. Ltd WZ-109, Street No.1 Sadh Nagar Palam Colony, New Delhi-110045.	Opposite Parties

 

DATE OF INSTITUTION:       JUDGMENT RESERVED ON:               DATE OF DECISION      :

21.05.2015 03.07.2019 03.07.2019

 

N.K. Sharma, President

Ms. Sonica Mehrotra, Member

 

Order passed by Ms. Sonica Mehrotra, Member

 

ORDER

1. Shorn of unnecessary details, facts relevant for the disposal of the present complaint are that the complainant had purchased a mobile handset model Micromax A-106, Grey bearing IMEI No. 911345001017992 and 911345001268991 from OP1 dealer on 02.06.2014 for a sum of Rs. 7,100 /- inclusive of vat vide invoice no. 19300 / book no. 386. At the time of purchase of the said mobile, the complainant was asked by OP1 to get the mobile handset insured against accidental damage and water damage from OP2 and the complainant acting upon the representation of OP1 and assurance of security of his mobile handset and replacement thereof in case of any untoward incident in future, got the same insured with OP2 on payment of Rs. 710/- as premium for the Cashless Protection Plan provided by OP2 vide plan no. 37630 and a Receipt / Certificate for the said policy under the stamp and seal of OP1 was issued by OP2 to the complainant extending Protection Plan valid for two years from the date of device purchased. However, on 16.12.2014, accidentally, the handset display got damaged and since the mobile phone was under warranty / insurance, the complainant went to OP2 on 16.12.2014 for repair of the same and the subject mobile was deposited vide jobsheet no. 9965 on the same date with complaint of “touch break”. However, the complainant never got the said mobile back from OP2 and instead was misbehaved with by employees of OP2 when he visited the service centre. The complainant has submitted that he is into business of cable network installation and suffered in his business due to non availability of mobile phone. Therefore the complainant was compelled as last resort to file the present complaint before this Forum praying for issuance of directions against the OPs to release the mobile insurance amount of Rs. 7,100 /- alongwith payment of compensation as deemed fit by the Forum.

Complainant has attached copy of retail invoice issue by OP1 towards purchase of mobile and copy of insurance certificate issued by OP2 under the stamp and seal of OP1 granting coverage against accidental damage for two years with respect to the mobile in question.

2. Notices were issued to OPs on 21.07.2015. OP1 was served on 25.07.2015 but failed to appear and was therefore proceeded against ex-parte vide order dated 01.10.2015. OP2 could not be served as it could not be located on the address given by the complainant and complainant was directed to file photographs alongwith affidavit regarding fresh address of OP2 vide order dated 11.09.2015 and 01.10.2015 in compliance of which complainant filed affidavit alongwith photographs dated 13.09.2015 of the last known location of OP2 on which it still working / operational but deliberately avoiding acceptance of service of notice of this Forum and was informed that the service centre of OP2 was closed in March 2015. Therefore, OP2 was also proceeded against ex-parte vide order dated 23.11.2015.
3. Complainant filed ex-parte evidence by way of affidavit and written arguments on 19.02.2016 and 03.01.2017 in reiteration of his grievance against the OPs. At the advance stage of proceeding, OP appeared on 06.07.2018 through counsel and was handed over copy of complainant alongwith annexures after reading of which he assured of amicable settlement of the matter but failed to appear thereafter. 
4. We have heard the arguments addressed by complainant and have perused the documents placed on record on which perusal a key observation has come to light that the insurance cover note issued by OP2 bears the stamp and seal of OP1 which clearly establishes that OP1 and OP2 had mutually beneficial business relationship and at behest of OP1, the complainant was coerced into taken insurance cover from OP2. The said exercise was for business promotion of each other in the market for commercial gains. Therefore the role of OP1 and OP2 in the present complaint and inter se is rather collusive in as much as furthering each other’s commercial interests.        
5. In the present case since the subject mobile was duly insured with OP2 at the behest of OP1 as can be seen in the insurance certificate, both OP1 and OP2 were liable to pay the insurance claim amount to the complainant since OP1 had received consideration amount for the said handset and OP2 had received premium amount for insuring the said handset from the complainant but both OPs failed to discharge their contractual liability towards the complainant which in our view is act of deficiency of service and unfair trade practice.  
6.  We therefore direct OP1 and OP2 as seller and insurer respectively jointly and severally to pay the insurance claim amount of Rs. 7,810 /- (cost of mobile/ sum insured + premium paid for insurance) to the complainant. We further direct OP1 and OP2 jointly and severally to pay a compensation of Rs. 3,000/- towards mental agony and harassment suffered by the complainant. Let the order be complied by OPs within 30 days from the date of receipt of copy of this order.                                 
7.  Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
8.  File be consigned to record room.
9.  Announced on 03.07.2019 

 

(N.K. Sharma)     President

(Sonica Mehrotra)  Member