Telangana

Khammam

CC/44/2017

Munukutla Nageswar Rao S/o.Apparao Age 52 Years, Occu Agriculture R/o.Nagulavoncha Village, Chinthakani Mandal Khammam District - Complainant(s)

Versus

Reliance Digital Show Room, Municipal House No.5-1-662,New 5-1-205 old Sy.No.213, 214, Khanapuram Ha - Opp.Party(s)

In Person

18 Jul 2018

ORDER

BEFORE THE DISTIRCT CONSUMER FORUM AT KHAMMAM

 

Dated this, the 18^th day of July, 2018.

          CORAM:     1. Sri. P. Madhav Raja, _{B.Sc., M.Li.Sc., LL.M.,}– President

2. Sri. R. Kiran Kumar_{, B.Sc., LL.M.} – Member

 

C.C.No.44/2017

Between:

 

Munukutla Nageswar Rao, S/o. Appa Rao,

Age 52 years, Occu: Agriculture,

R/o. Nagulavoncha Village, Chinthakani Mandal,

Khammam District.

…Complainant

And

 

1. Reliance Digital Show Room, Municipal House No.5-1-662 New

5-1-205 (Old), Sy.No.213, 214, Khanapuram Haveli, GP,

Khammam Urban Mandal, Near District Court, Khammam,

Rep. by its Dealer.

 

2. National Insurance Co. Ltd.,

342, III Floor, Vardhaman DEE CEE Plaza,

Plot No.7, Sector 11, Dwaraka, New Delhi – 110 075.

Rep. by its Authorized Signatory.

…Opposite parties

 

 

            This C.C. is coming on before us for hearing in the presence of                 Sri. B. Gangadhar, Advocate for opposite party No.1;  Complainant appeared in person; opposite party No.2 served called absent; upon perusing the material papers on record; upon hearing and having stood over for consideration, this Forum passed the following:-

 

 

O  R  D  E  R

 

(Per Sri R. Kiran Kumar, Member)

 

 

          This Complaint is filed u/s.12-A of Consumer Protection Act, 1986. 

 

1.     The averments made in the complaint are that the complainant is an agriculturist and native of Nagulavancha Village, Chinthakani Mandal, Khammam District, he has purchased the Samsung J2 Cell Phone, vide IME No.354010081078926 by paying an amount of Rs.7,590/- on 03-11-2016 at Reliance Mart, Wyra Road, Khammam.  The complainant submitted that at the time of purchase, the Opposite Party No.1 received the cell amount and insurance amount under one and the same bill and Cell phone got insured with the opposite party No.2 by way of additional amount for coverage of theft and accidental damage.    The complainant further submitted that on                  10-04-2017 while he is proceeding to his agricultural field from his house on his motor cycle bearing NO.AP-20-AL-4090, on the way the vehicle was skid and the complainant fell down, due to which he received minor injuries and also the cell phone of the complainant fell on the ground and damaged accidentally.  On that the complainant approached the showroom of Opposite Party No.1, on which they sent the same to the service centre of opposite party, khammam  on 12-04-2017, who attended the repairs and sought an amount of Rs.2,952.74 paisa, vide tax invoice No.629002717006049.  The complainant further submitted that for attending the repairs he approached the opposite party No.1 and service centre thrice, though the instrument is insured with the opposite party No.2 for which he spent an amount of Rs.1,200/- towards to and fro charges.  The complainant further submitted that he informed to the opposite parties No.1 and 2 vide letter dt.17-06-2017 to pay the damages of Rs.4,200/-, but the opposite parties No.1 and 2 did not respond as such the complainant filed this complaint.

 

2.     On behalf of the complainant the following documents were filed and marked as Exhibits A-1 to A-7.

 

Ex.A1:-Photocopy of the Aadhar card of the complainant.

Ex.A2:-Photocopy of cash receipt for an amount of Rs.7,590/-.

Ex.A3:-Photocopy of claim form submitted by the complainant to the opposite party No.2.

Ex.A4:-Tax Invoice, dt. 24-04-2017 for an amount of Rs.2952.74 issued by the Service Centre.

Ex.A5:-Photocopy of Job card and acknowledgement of Service Centre.

Ex.A6:-Photocopy of letter addressed by the complainant to the opposite party No.2 company, dt. 17-06-2017 along with postal receipts.

Ex.A7:-Photocopy of letter addressed by the complainant to the opposite party No.1 company, dt. 17-06-2017 along with postal receipts.

 

 

 

3.      On receipt of the notice, the Opposite Party No.1 appeared thorough their Counsel and filed its Counter.  Inspite of service of notice, the Opposite Party No.2 failed to contest the matter.  In their counter the Opposite Party No. 1, admitted that the complainant purchased Samsung J2 Cell phone for Rs.7,505/- on 03-11-2016, he has paid Rs.543/- towards extended warranty, which is in force after one year from the date of purchase i.e. 03-11-2017 to 02-11-2018, for taking external warranty, the complainant got benefit worth of Rs.1,500/- to cover the insurance  to the cell phone from opposite party No.2 for the period of one year  i.e. from 03-11-2016 to 02-11-2017.  The opposite party No.1 further submitted that the said insurance of opposite party No.2 is indemnify the risk of theft and accidental damages and at the time of purchase they had given insurance certificate pertaining to opposite party No.2 to cover theft and accidental damage for the period of one year from the date of purchase.  The opposite party No.1 further submitted that when the complainant approached them and complained about the above version, they suggested him to send all necessary documents along with repair bills to the opposite party No.2 to get amounts of repair from the opposite party No.2 as the cell phone was covered with insurance.  The opposite party No.1 further submitted that the complainant never approached them and he never disclosed about, whether he got repair bills or not.  And also submitted that the job of the opposite party No.1 is in furnishing the insurance certificate pertaining to the opposite party No.2 and also giving directions to approach the opposite party No.2 for getting insurance claim.  The opposite party No.1 further submitted that without informing whether the complainant received insurance claim or not, he filed this false case against them as such prayed to dismiss the complaint.

 

 

4.      No documents filed on behalf of Opposite Parties.

 

         

5.      Written arguments of Opposite Party No.1 filed.

 

 

6.      Heard Oral Arguments from both sides.

 

7.      Upon perusing the material papers on record, now the point that arose for consideration are,

 

1) Whether the complainant is entitled for the claim?

2) To what relief?

 

 

 

Point No.1:-

In this case the complainant purchased a Cell phone of Samsung J2, vide IMEI No. 354010081078926 by paying an amount of Rs.7,590/- on              03-11-2016 at opposite party No.1 showroom.  At the time of purchase the Opposite Party No.1 has collected Rs.543/- towards extended warranty and the same in force from 03-11-2016 to 02-11-2018.  According to the complainant on 10-04-2017, when he proceeding to his agricultural field from his house on his motor cycle, due to skid of the vehicle he fell down, received minor injuries and the cell phone of the complainant fell on the ground and damaged accidentally.  Immediately the complainant approached the Opposite Party No.1, on that the Opposite Party No.1 advised the complainant to approach the service centre, on 12-04-2017  the Samsung Service Centre who attended the repairs and sought the amount of Rs.2,952.74 paisa and issued Invoice vide invoice No.629002717006049.  After payment of the service charges the complainant approached the Opposite Parties Nos.1 and 2 for repair charges and expenditure incurred by him, even after receipt of representation made by the complainant as the opposite parties failed to settle the claim,  the complainant approached the Forum for redressal.

 

From the material available on the record, we observed that the complainant purchased a new cell phone and the same was insured with the Opposite Party No.2.  As per the complainant his cell phone was dropped from his pocket and damaged, for which the complainant made complaint to the Opposite Party No.1 and also the complainant submitted claim form along with the necessary documents to the Opposite Parties.  And also we observed that even after receipt of representation acknowledged by the opposite parties they failed to pay the claim amount, even though the cell phone is within warranty period.  As the cell phone is within the extended warranty and insurance the opposite party No.2 has to pay the service charges collected by the service centre.  As such this point is answered accordingly in favour of the complainant

 

Point No.2:-

          In the result, the complaint is allowed in part, directing the opposite party No.2 to pay the service charges and expenditure of Rs.2,952.74 as the cell phone is within the warranty.  And also awarded Rs.500/- towards expenditure and costs.  The opposite party No.2 is directed to pay the amount within one month from the date of receipt of this order, failing which amount shall carry interest @9% per annum.  The complaint against the opposite party No.1 is dismissed. 

(Typed to dictation, corrected and pronounced by us, in the open forum on this the 18^th day of July, 2018.)        

 

Member            President

                                                          District Consumer Forum, Khammam.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED:-

For Complainants                                                  For Opposite party  

       None                                                                          None

DOCUMENTS MARKED:-

For Complainant                                                    For Opposite party

 

Ex.A1:	Photocopy of the Aadhar card of the complainant.	Nil –
Ex.A2:	Photocopy of cash receipt for an amount of Rs.7,590/-.
Ex.A3:	Photocopy of claim form submitted by the complainant to the opposite party No.2.
Ex.A4:	Tax Invoice, dt. 24-04-2017 for an amount of Rs.2952.74 issued by the Service Centre.
Ex.A5:	Photocopy of Job card and acknowledgement of Service Centre.
Ex.A6:	Photocopy of letter addressed by the complainant to the opposite party No.2 company,dt.17-06-2017 along with postal receipts.
Ex.A7:	Photocopy of letter addressed by the complainant to the opposite party No.1 company,dt.17-06-2017 along with postal receipts.

 

 

 

Member                  President  

District Consumer Forum, Khammam.