DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 20th day of January 2018
Present : Smt.Shiny.P.R. President
: Smt.Suma.K.P. Member Date of filing: 18/09./2017
: Sri.V.P.Anantha Narayanan, Member
(C.C.No.136/2017)
B.Padmanabhan,
S/o C.Balakrishnan,
‘Ananthasayanam’,
Nair Thara,
Vadakkancheri (PO),
Palakkad -678 683. - Complainant
V/s
Sales Manager,
FONE 4 Communication (India) Pvt.Ltd,
A1 Zin Building, Shop No.10/44,
College Road,
Tharekkad,
Palakkad – 678 001. - Opposite party
O R D E R
By Shri.V.P.Anantha Narayanan, Member
The complaint in brief is stated as follows.
On 12.12.2015 complainant purchased from opposite party a Gionee F 103 mobile phone for Rs.10,798/- (Rupees ten thousand seven hundred and ninety eight only). The mobile phone was purchased inclusive of insurance amount of Rs.799/- (Rupees seven hundred and ninety nine only). According to the complainant, since he was compelled to take insurance, this amount was paid including insurance amount. On 09.11.2016 at the Palakkad, Kalpathy Signal due to hitting of a motor bike coming from opposite side, the phone kept in the complainant’s pocket fell down and got broken damaging the phone display. The bike did not stop. Immediately, the complainant contacted the opposite party’s shop and told everything; the opposite party told him that he would get insurance claim and for that steps to be taken were also explained to him. The phone was given to Znex Telecoms functioning in Palakkad stadium bus stand for repair and repair charges of Rs.3,021/- were paid in advance by the complainant and got it repaired by them at a cost of Rs.3,021/-. For the insurance package, Rs.799/- was collected from the complainant by the opposite party at the time of purchase of the mobile phone and the insurance package is taken from “Syska Gadget Secure”, Pune. Complainant was instructed by the opposite party to forward the claim form, incident report, invoice for the purchase of the mobile phone, repair voucher etc. to “Syska Gadget Secure” which complainant did and on receipt of the claim complainant received a message on 09.11.2016 from “Syska Gadget Secure”. Since preferring of the claim complainant was contacting the opposite party to get settled his claim till 18.09.2017 when complainant filed this complaint before the Forum. But according to the complainant so far no action has been taken by the opposite party to settle his claim. According to the complainant, as per the opposite party’s instruction, voucher for repair charges, cash receipts for purchase of spare parts obtained from Znex Telecomes, Palakakad for repairing the mobile, front page of complainant’s savings bank pass book, cheque leaf for Rs.3,021/- were forwarded to “Syska Gadget Secure”, Pune. Hence the prayer to the Hon’ble Forum to recover Rs.10,798/- by way of compensation from the opposite party. The insurance amount of Rs.799/- for the mobile, Rs.3,021/- insurance amount for repairing the mobile and for litigation and other expenses Rs.15,000/- should also be recovered from the opposite party.
The complaint was admitted and notice was sent to opposite party and the same was served. But, his name called absent and he was set ex-parte.
Complainant filed chief affidavit and other documents marked as Exts.A1 to A5 from the side of the complainant. He was also heard.
The following issues crop up in this case
- Whether there is any deficiency of service and/or unfair trade practice on the part of opposite party?
- If so, the relief and cost entitled for the complainant?
Issues No.1 & 2
The case of the complainant is as follows:
The complainant purchased on 12.12.2015 a Gionee F 103 mobile phone from the opposite party shop for Rs.9,999/- (Rupees nine thousand nine hundred and ninety nine only) as per invoice no.2026. The invoice dated.12.12.2015 is marked as Ext.A3 which indicates model of the mobile as Gionee F 103, net amount, tax amount etc. The complainant also took insurance for the mobile and the packing cover of the security equipment which was installed in the mobile towards insurance coverage was marked as Ext.A5 which shows maximum retail price, month and year of packing etc. On 09.11.2016 at Kalpathy signal a motor cycle hit him and as a result his mobile phone fell down from his pocket and got damaged. The complainant went to the opposite party’s shop and informed them about the incident. As per their instructions the complainant submitted insurance claim as per Ext.A1 which shows date of loss, place of loss, amount claimed as Rs.9,999/- (Rupees nine thousand nine hundred and ninety nine only). The incident report was given by the complainant to “SYSKA GADGET SECURE” marked as Ext.A2 which gives a brief description of the incident happened on 09.11.2016. The complainant has also forwarded the claim form, incident report, purchase invoice, repair voucher etc. to “SYSKA GADGET SECURE” to settle his claim to which he received an email message on 09.11.2016 from the “SYSKA GADGET SECURE” marked as Ext.A4 which informs the complainant that job card no.1611099/98 has been registered and asks him to download the link to understand “inclusions and exclusions in the cover” etc. Hence, complainant pleads that even though the claim was preferred on 16.11.2016 and he had been contacting the opposite party to settle the same up to the date of filing this complaint, no action to settle his claim was taken by the opposite party.
From the documents submitted, we understand that “SYSKA GADGET SECURE” insurance is valid for the subject mobile for one year from the date of purchase of the mobile on 12.12.2015 and hence the insurance cover for the mobile phone of the complainant is valid at the time of damage incident. We also observe that all the papers necessary for settlement of his claim are already submitted by the complainant and the opposite party was constantly being contacted for settlement of his claim till the date of filing this complaint. We also view that opposite party is seen not to have settled the claim of the complainant so far. Hence we observe that opposite party is seen to have committed deficiency in service. In the result the complaint is allowed.
We direct the opposite party to pay to the complainant Rs. 3,021/- (Rupees Three Thousand and Twenty one only) towards repair charges given by the complainant for repairing his damaged mobile phone. Further, the opposite party is also ordered to pay to the complainant Rs.1,000/- (Rupees One Thousand only) towards compensation for mental agony suffered by him plus Rs.1,000/- (Rupees One Thousand only) by way of cost of proceedings met by the complainant.
This Order shall be executed within a period of one month from the date of receipt of this order; failing which interest @ 9% per annum on the total amount due should also be paid to the complainant from the date of this order till realization.
Pronounced in the open court on this the 20th day of January 2018.
Sd/-
Shiny.P.R
President
Sd/-
Suma.K.P
Member
Sd/-
V.P.Anantha Narayanan
Member
Appendix
Exhibits marked on the side of complainant
Ext.A1 - Photo copy of Mobile Insurance Claim Form (For Damage Claim)
dated.16.11.2016 filled by the complainant and sent to the opposite party
Ext.A2 - Photo copy of Incident Report dated.16.11.2016 sent by the complainant to
Syska Gadget Secure
Ext.A3 - Original tax invoice received from opposite party – invoice No. 2026
dated.12.12.2015
Ext.A4 - email message received from “SYSKA GADGET SECURE” dated. 09.11.2016
Ext.A5 - Damage Protection pack (Excluding Theft) of “Syska Gadget Secure”
Exhibits marked on the side of Opposite party
Nil
Witness examined on the side of complainant
Nil
Witness examined on the side of opposite party
Nil
Cost
Rs.1,000/-
