Delhi

North East

CC/386/2015

Kamal Kishore - Complainant(s)

Versus

Sai Electronics - Opp.Party(s)

12 Feb 2018

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. 386/15

In the matter of:

 

	Kamal Kishore S/o Ram Swaroop R/o E-3/118, Nand Nagri Delhi-110093	Complainant
	Versus
1.       2.	M/s. Sai Electronics Shop No. 28, Pocket B&E, DDA Market Dilshad Garden, Delhi 110095   M/s Smart Mobile Total Solution 89, Bagchi Madho Dass, Opp. Lajpat Rai Market, Delhi 110093   Also at : M/s Smart Mobile Total Solution C-2/16, Yamuna Vihar, Delhi 110053	Opposite Parties

 

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

23.10.2015 07.02.2018 12.02.2018

 

N.K. Sharma, President

Ms. Sonica Mehrotra, Member

Ravindra Shankar Nagar, Member

ORDER

1. The complainant has filed the present complaint against M/s. Sai Electronics, the seller (OP1) and M/s Smart Mobile Total Solution, service centre / insurance provider (OP2). As per the complaint, the complainant had purchased a mobile phone Michaving old IMEI No. 91134750663651 & New IMEI No. 911334750696222 & 911334750900228 on 23.12.2013 vide invoice no. 46180 from OP1 for a sum of Rs. 18,000/-. On the date of purchase the complainant agreed to take the protection-cum-insurance plan offered by OP2 against liquid and physical damage for which the complainant paid a sum of Rs. 1,800/- to OP2. OP2 gave a shield customer copy receipt no. 47833 dated 23.12.2013 and the said plan was activated for a period of two years starting from 23.12.13 to 23.12.15. It was assured by OP1 that OP2 shall bear the cost of mobile repair if needed and if problem not repairable, shall refund the cost of mobile.  Complainant further stated that in the month March 15 the mobile phone stopped functioning due to screen damage for which he lodged the complaint with Customer Care in which reponse OP2 visited the residence of complainant on 24.03.2015 and collected the mobile set having touch screen damage, and speaker problem and hanging issues. Complainant was assured by OP2 that the mobile set would be delivered back within 10 days and the job card No. 11587 dated 24.03.2015 for the same was issued by OP2. However, the OP2 didn’t return the mobile set as assured by him within 10 days from 24.03.2015. The complainant had to visit the OP2 number of times and made several calls requesting OP2 to replace the defective hand set with new mobile phone on its own assurance that in case of non repairable problem, either entire cost of mobile would be refunded or mobile will be replaced. The complainant had also requested OP2 to replace the above mobile set as it was insured/ protected under the insurance plan. But the OP2 neither replaced nor refunded its price to complainant. Thereafter, the complainant told the OPs that he would report the matter with the police. On 17.7.15 the complainant received a yellow envelope containing the same handset which was handed over to OP2 on 24.03.2015 without bearing sender name and mobile therein was unrepaired. On the same day the complainant visited the OP1 and handed over the damaged mobile phone to OP1 for repair against which job sheet no. 19232 dated 17.07.2015 was issued and since that day till the present day, the mobile in question is with OP1 for almost more than 2 ½ years. Complainant has further stated that OP1 is illegally demanding a sum of Rs. 5,400/- towards repair charges despite insurance-cum-protections plan taken by the complainant at the behest of OP1. A legal notice dated 11.09.2015 was served on OP1 and OP2 but OPs didn’t reply to the said legal notice. After seeing this illegal and unlawful acts and actions of the OPs the complainant filed the present complaint with the prayer for directions to OPs to refund of Rs. 18,000/- and Rs. 1800/- alongwith interest @18% from the date of purchase of the mobile in question i.e. 23.12.2013, pay Rs. 50,000/- compensation for mental agony and harassment, and Rs. 25,000/- towards the cost of litigation.
2. Notices were sent to OPs but nobody appeared on its behalf. Thereafter vide order dated 26.02.2016 & 03.06.2016 they were proceeded against Ex-parte.
3. The complainant filed his Ex-parte evidence by way of affidavit as well as written arguments.
4. We have heard the arguments submitted by complainant and perused the documents placed on record. It is clear from the documentary evidence that the mobile phone in question was purchased by complainant from OP1 and was insured by OP2 for which payment of Rs. 18,000/- and 1800/- were made respectively OP1 & OP2 i.e. for purchase and insurance. Fault completion report dated 24.03.2015 clearly bears the remarks touch damaged + speaker + hanging. And that the subject mobile phone was again submitted for repairs on 17.07.2015 with Sai Mobile Repair Centre by the complainant. In the light of the above mentioned documents, the complainant has established his ground for complaint and grievance mentioned therein of defective mobile, the same being duly insured against liquid and physical damage as well as accidental / water damage for a period of two years and despite which the problem in the said mobile phone the same was not repaired / rectified by the OPs.  In absence of OPs the claim of the complainant has gone un-rebutted and on the basis of documentary evidence placed by the complainant on record of this Forum, we are of the considered view that the complainant has made out a case of deficiency in service against the OPs. Since the OPs are dealer and insurer  of the mobile in question their liability is joint and several we accordingly hold both the OPs guilty of deficiency in service and direct the OPs to refund Rs. 18,000/- towards cost of mobile + Rs. 1800/- towards cost of premium towards insurance totalling 19,800/- alongwith interest @9% on the total amount of Rs. 19,800/- payable to complainant from the date of filing of complaint till realization shall be imposed on the OPs jointly or severally payable to the complainant.

In addition to the above we also award a sum of Rs. 5,000/- as compensation for mental agony and harassment faced by complainant and Rs. 5,000/- towards cost of litigation payable by the OPs to the complainant within the 30 days of receipt of this order. The complaint is allowed accordingly.

5.  Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
6.   File be consigned to record room.
7.   Announced on  12.02.2018   

 

(N.K. Sharma)     President

(Sonica Mehrotra) Member

(Ravindra Shankar Nagar) Member