Delhi

West Delhi

CC/16/90

Somdutt pal - Complainant(s)

Versus

Raj Infocom - Opp.Party(s)

02 Dec 2016

ORDER

CONSUMER DISPUTES REDRESSAL FORUM (WEST)

GOVERNMENT OF NCT OF DELHI

150-151, Community Centre, C-Block, JanakPuri, New Delhi – 110058        

 

                                                                                                             Date of institution:2.2.16

Complaint case No.90/16                                                                                                       Date of Order:2.12.16

In the matter of

 

Som Dutt Pal

E-65, Om Vihar, Phase-5,

Uttam Nagar, New Delhi-59.                                                                            COMPLAINANT

VERSUS

Raj Infocomm,

Shop No.20, Plot No.7A,

D.D.A. Building,

District Center, Janak Puri,

New Delhi-58.                                                                                                        OPPOSITE PARTY-1

 

Cellucom Retail India Pvt. Ltd.,

Insurance Company,

G-5 and G4A, District Center,

Janak Puri, New Delhi-58.                                                                                  OPPOSITE PARTY-2.

 

Lava Internaional Ltd.

A-56, Sector 64, Noida-201301.                                                                                  OPPOSITE PARTY—3

 

ORDER

R.S. BAGRI, PRESIDENT

            The brief relevant facts for disposal of the present complaint as stated are that  one mobile handset make Lava EG932 with IMEI NO.356453031589634  was purchased  by the complainant on 15.6.15 from op-1 vide invoice No.23642 for sale consideration of Rs.9200/- The complainant insured the mobile handset from Opposite Party-2  on the same day from the shop of Opposite Party-1 by paying an amount of Rs.599/- for one year vide invoice No.213263762 dated 15.6.15.  The mobile handset developed fault on 17.6.15 and was

2/-

reported on 18.6.15 to Opposite Party-1.  The Opposite Party-1 told the complainant  to deposit the handset with Opposite Party-2  for repairs.  The Opposite Party-2 was informed about the fault in the mobile handset and engineer from Opposite Party-2 visited the residence of the complainant. Who on checking the mobile handset told the complainant that IMEI number of the mobile set is not correct and refused to repair the same.  The complainant on the next day visited Opposite Party-1. He inquired about the problem from them.   They told the complainant that they have sold him a new mobile handset and for inquiry of IMEI number  he will have to contact the manufacturer.  The complainant  again contacted Lava service center. They told him that Rs.3500/- will be charged for repairs.    Thereafter they will inquire about the status of IMEI number.   The complainant again visited another service center.  They told him to get screen of the mobile handset repaired first and thereafter they will inquire about the IMEI status.   Since then the complainant is running after the Opposite Parties for repair of the mobile handset.  But the Opposite Parties failed to redress his grievance.  Hence, the present complaint for direction to the Opposite Parties for refund of the cost of the mobile handset and pay compensation to the tune of Rs.50,000/- for mental pain, agony and harassment.

 

            Notice of the complaint was sent to the Opposite Parties.  But none appeared on their behalf.   Therefore, the Opposite Parties 1 & 2 were proceeded exparte vide order dated 18.3.16 and Opposite Party-3 was proceeded exparte vide order dated 21.7.16.     

 

            When the complainant was asked to lead exparte evidence, he filed affidavit dated 21.7.16 and relied upon invoice dated 15.6.15, insurance policy dated15.6.15 and copy of e-mail dated 26.1.16.  He once again reiterated the stand taken in the complaint by way of affidavit dated 21.7.16.

 

3/-

From perusal of the documents, it reveals that the complainant purchased one mobile handset Lava EG932 with IMEI Numbers 356453031589634 and 356453031589642 for sale consideration of Rs.9200/- from Opposite Party-1.  The complainant insured the mobile handset on same day with Opposite Party-2 by paying an amount of Rs.599/-. 

 

            We have heard the complainant in person and have gone through the complaint, affidavit and documents placed on record carefully and thoroughly.

 

            The version of the complainant has remained unrebutted and unchallenged.  Therefore, there is no reason to disbelieve the unrebutted and unchallenged version of the complainant.    

 

            The complainant from the complaint,  affidavit and documents placed on record, has been able to show that he purchased one mobile handset Lava EG932 with IMEI Numbers 356453031589634 and 356453031589642 from Opposite Party-1 on 15.6.15.  He insured the same with Opposite Party-2 on the same day.    

 

            The mobile handset developed fault on the third day of purchase .  The Opposite Parties have failed to repair the mobile handset despite insurance and warranty on the ground of error of IMEI number. There is no fault on the part of complainant.   Hence, there is unfair trade practice and deficiency in service on the part of Opposite Parties.  The complainant has suffered loss of mobile handset.  He is also deprived of use of his mobile handset due to unfair trade practice and deficiency of service on the part of all Opposite Parties. 

 

4/-\

            Therefore, we direct the Opposite Parties to pay Rs.9200/-, cost of the mobile handset and Rs.599/- amount of insurance totaling Rs.9799/- with interest at the rate of 9% per annum till actual realization of the amount and Rs.1000/- for mental pain, agony and harassment.  The Opposite Parties are severely and jointly liable to pay compensation.  

 

Order pronounced on   :2.12.16

·        Compliance of the order be made within 30 days after receipt of the order.

·        Copy of order be sent to the concerned parties free of cost.

·        Thereafter, file be  consigned to record.

 

 

(PUNEET LAMBA)                          (URMILA GUPTA)              ( R.S.  BAGRI )

  MEMBER                                         MEMBER                            PRESIDENT