Delhi

North East

CC/251/2016

SHRI AMIN KUMAR TYAGI - Complainant(s)

Versus

SAI ELECTRONICS - Opp.Party(s)

26 Sep 2017

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. 251/16

In the matter of:

 

		Shri Amin Kumar Tyagi S/o Trilok Chand Tyagi R/o 179/A-1, Dilshad Garden Delhi-110095.		Complainant
		Versus
	1       2       3	Sai Electronics 28, Pocket B&E DDA Market, Dilshad Garden Delhi-110095.   Customer Care 29, 2nd Floor, Veer Sawarkar Block, Shakarpur, Main Vikas Marg, Delhi.   Apps Daily Solutions Pvt Ltd U B Insurance Associates, (Apps Daily Claims division) T-305, #261/13, 4th Floor, Suraj Towers, 3rd Block, Jayanagar, Bangalore, Karnataka-560011.		Opposite Parties
			DATE OF INSTITUTION:		26.09.2016
			JUDGEMENT RESERVED ON :		22.09.2017
			DATE OF DECISION      :		26.09.2017

 

 

N.K.Sharma, President:-

Ms.Harpreet Kaur Charya, Member:-

Order by Ms. Harpreet Kaur Charya

ORDER

1. Present complaint has been filed by Shri Amin Kumar Tyagi, against Sai Electronics – OP1, Customer care –OP2 and Apps Daily Solutions Pvt Ltd – OP3. Facts of the case are that on 16.11.2015 the complainant purchased one Samsung Mobile Model A-800 Gold for a sum of Rs. 30,500/- from Sai Electronic – OP1. The said handset was insured vide policy No. 4567234 which was purchased for Rs. 1999/- from OP3. It is stated that on 17.07.2016 the handset of the complainant got damaged in an accident due to which the display of the said handset was broken. The complainant visited the customer care i.e. OP2 where he was asked to collect the handset after 4 days and Rs. 500/- were charged for the repairs. It has been further stated that after the expiry of above said time period the complainant was informed that the handset has been sent to Bangalore and repairs will take some more time. On 8.8.2016, the complainant received an e-mail where he was informed that the claim of Rs. 13,510/- had been allowed and was asked to get the handset repaired for which he shall be reimbursed. It is also been stated that the complainant visited OP2, but OP2 did not handover the handset and has not received the handset till the filing of the present complaint. The complainant has prayed for the refund of the cost of handset as Rs. 13,500/-, compensation for mental harassment Rs. 35,000/- and Rs. 30,000/- as litigation cost.

The complainant has annexed invoice bearing No. 77601 dated 6.11.2015, jobsheet dated 22^nd July 2016, E-mail dated 08^th August 2016 and 20^th September 2016, claim pre-receipt voucher, insurance detail alongwith the complaint.   

2. Notice of present complaint was served upon OPs but neither any reply nor any one appeared on their behalf, hence they were proceeded Ex-parte.
3. Ex-parte evidence filed by the complainant where he has reiterated the contents of the complaint.
4. We have heard the complainant and have perused the material placed on record. No liability can be fastened on OP1 as they are the retailers. Complainant has annexed an e-mail dated 8.8.2016 where the insurance claim has been process on repair basis and the assessed claim amount is Rs. 13,510/-. Further, it reads that the complainant was required to submit original document alongwith repair bills. The grievance of the complainant is that he has not received his repaired handset despite the fact that the claim has been allowed which is evident in e-mail dated 20^th September 2016. As OPs have been proceeded Ex-parte the allegation made against OPs have remained uncontroverted. As the handset is with OP2, who have failed to return the same definitely amounts to deficiency in service. Hence we direct OP2 and OP3 to return the repaired handset of the complainant within 30 days from the date of receipt of this order, we also award compensation of Rs. 7,500/- inclusive of litigation expenses, as OP2 and OP3 have failed to deliver the service as promised.    
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.

(Announced on  26.09.2017)         

(N.K. Sharma) President

(Harpreet Kaur Charya) Member