Delhi

East Delhi

CC/947/2015

ANIL - Complainant(s)

Versus

SEEMA TELECOM. - Opp.Party(s)

04 May 2017

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

 

C.C. NO.947/15

Shri ANIL KUMAR

S/O Shri LALA RAM

R/O 193, SOUTH ANARKALI,

DELHI-110051                                                                                                              ….Complainant

 

•  

 

1. SEEMA TELECOM

7/179, GEETA COLONY,

NEAR 7-BLOCK GURUDWARA,

1.  

 

2. SYSKA GADGET SECURE

LEEHAN RETAILS PVT. LTD.,

4.  

PLOT NO. 80, S.NO. 232,

NEW AIRPORT ROAD,

NEAR SYMBIOSIS COLLEGE,

SAKORE NAGAR, VIMAN NAGAR,

PUNE 411014.

 

3. SSK RETAILS PVT. LTD.,

7, AKSHAY COMPLEX,

OFF. DHOLE PATIL ROAD,

1.                                                                                                                       ….Opponents

 

Date of Institution: 16.12.2015

Judgment Reserved for: 04.05.2017

Judgment Passed on: 04.05.2017

 

CORUM:

Sh. SUKHDEV SINGH                  (PRESIDENT)

Dr. P.N. TIWARI                          (MEMBER

Ms. HARPREET KAUR CHARYA (MEMBER)

 

ORDER BY: HARPREET KAUR CHARYA (MEMBER)

 

JUDGEMENT

 

1. This complaint has been filed u/s 12 of the Consumer Protection Act by Shri Anil Kumar, the complainant against Seema Telecom (OP-1), Syska Gadget Secure (OP-2), and SSK Retails Pvt. Ltd., (OP-3) alleging deficiency in service, praying for direction to OPs to settle the claim of the complainant of Rs.15,750/- along with 24% interest from the date of lodging of the claim, Rs.50,000/- as compensation on account of harassment and mental agony, Rs. 11,000/- as litigation expenses.
2. Facts in brief are that the complainant purchased one GIONEE TITANIUM S7 mobile phone from OP-1 and got the same insured by purchasing SYSKA GADGET SECURE policy for Rs.1,299/-. On 10/11/2015, the mobile phone of the complainant was stolen for which the FIR bearing No. 316/15 was lodged immediately at Police Station Lahori Gate. It stated that OP-2 and OP-3 were informed at their customer care number, where the complainant was advised to take print out of the claim process and other necessary documents for lodging the claim. All the required documents alongwith claim form were uploaded by the complainant on 14/11/2015. The complainant was orally informed that the said claim was rejected because it was a case of pick pocket, which was not covered under the policy. Till filing of the complaint, the claim of the complainant was neither rejected nor settled.
3. The complainant has annexed retail invoice issued by OP-1, terms and conditions of Syska Gadget Secure, FIR No. 326/2015 dated 10/11/2015 and the status of the claim alongwith list of documents uploaded with the complaint.
4. Despite service none appeared on behalf of OPs, hence, they were proceeded ex-parte.
5. The complainant filed ex-parte evidence where he examined himself and reiterated the contents of the complaint.
6. We have heard the submissions on behalf of the Ld. Counsel for the complainant and have perused the material placed on record. The counsel for the complainant has placed on record, a printout reflecting that the claim of the complainant has been rejected by OP-2. The FIR annexed with the complaint has been registered u/s 379 of IPC, which is ‘Theft’ and the said handset was insured against theft, hence, the claim of the complainant has been wrongly rejected. No deficiency in service can be attributed to OP-1, as he is only a retailer.
7.  Hence, we allow the present complaint and direct OP-2 to pay Rs.15,745/- alongwith interest @ 9% p.a. from the date of filing of the present complaint till realization, we further award compensation of Rs.7,500/- for mental harassment, agony as they have failed to deliver services as promised this includes litigation expenses also.
8. The said order be complied within 30 days from the date of receipt. If the said order not complied within 30 days, the compensation shall also carry 9% interest from the date of order till realization.

Copy of this order be sent to both the parties as per law.

 

 

(Dr. P.N. TIWARI)                                                                                     (HARPREET KAUR CHARYA)              

      MEMBER                                                                                                        MEMBER

 

                                                     (SUKHDEV SINGH)

                                                                 PRESIDENT