Delhi

West Delhi

CC/17/297

ANIL KUMAR - Complainant(s)

Versus

SGS DIGITAL - Opp.Party(s)

18 Jan 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (WEST)

 

CASE NO. 297/2017

SH. ANIL KUMAR

ADD- H.NO. 208, ROSHAN GARDEN,

NAJAFGARH, NEW DELHI-110043.                                    …..Complainant

VERSUS

M/S. SGS DIGITAL

ADD- WZ-261, MAIN NAJAFGARH ROAD,

NEAR METRO PILLAR NO. 670,

UTTAM NAGAR, NEW DELHI—59…..Opposite Party-1

 

M/S. APPSDAILY SOLUTION PVT. LTD.

REGISTERED OFFICE:-

ADD-D-3136-39, OBEROI GARDEN ESTATES,

CHANDIVALI FARM ROAD,

ANDHERI(E) MUMBAI, MAHARASHTRA-400072.

BRANCH OFFICE:-

606, PRABHAT KIRAN BUILDING,

RAJINDRA PLACE, NEW DELHI-110008…..Opposite Party-2

 

O R D E R

PUNEET LAMBA, MEMBER

          The complainant has filed the present complaint against the OPs under section 12 of the Consumer Protection Act, 1986. Briefly the facts stated by the complainant for the disposal of the complaint are that he purchased one Mobile on 22.04.2016 make Samsung Galaxy model No. SM J500FZDDINS GOLD with IMEI No. 356823077977523 for a sum of Rs. 11,400/- vide Invoice No. 0233 from OP-1 and also he purchased an Insurance Policy for the Mobile on 22.04.2016 from OP-2 through OP-1 vide Invoice No.0232 for a sum of Rs. 1,249/-. The mobile handset was stolen on 12.12.2016 and the complaint was lodged at Najafgarh Police Station on the same day. The complainant also informed to OP-2 but they offered the complainant a sum of Rs. 3420/- deductable amount paid to OP-2 vide case acknowledgement dated 21.12.2016. It is alleged that all documents are supplied to OP-2. Thereafter, the complainant several times approached OP-2 to know the status of the phone but to no effect. The complainant prayed for the direction to the OPs to refund a sum of Rs. 11,400/- cost of mobile and a sum of Rs. 1249/- insurance amount and a sum of Rs. 3420/- deductable amount paid to OP-2 vide case acknowledgement dated 21.12.2016, totaling a sum of Rs. 16069/-. He also prayed 1,00,000/- on account of compensation for mental, agony, physically, harassment and litigation expenses.

          When the notice of the complainant were sent to OPs, but none put in appearance on behalf of the OPs and were proceeded ex-parte vide order dated 09.04.2018.

          The complainant was asked to file affidavit of evidence he filed affidavit testifying the contents of the complaint on oath and he also relied on Invoice No. 0233, dated 22.04.2016, Invoice No. 0232, dated 22.04.2016, copy of complaint lodged at Police Station on 12.12.2016, copy of FIR, copy of claim form alongwith cash receipt dated 21.12.2016, copy of letter dated 20.02.2017, copy of untraced report dated 07.05.2017 and copy of several e-mails.

          We have heard complainant in person and have gone through the material carefully and thoroughly.

          The version of the complainant remains unreburtted and unchallenged and there is no reason to disbelieve the version of the complainant. From the perusal of the documents, it reveals that the complainant has filed claim with the OP-2 and the claim has not been processed by OP-2 till date. The version of the complainant is well supported by the documents. Hence, we are of the considered that OP-2 is deficient in services.

          Keeping in view of above discussions and observations, we direct  OP-2 refund a sum of Rs. 10,133/- cost of mobile handset excluding VAT% and a sum of Rs. 1110/- cost of insurance premium excluding VAT% and a sum of Rs. 2000/- on account of compensation for mental, agony, physically, harassment and litigation expenses within 45 days from the receipt of the order. In case of default of payment in time OP-2 shall be liable to pay interest @ 6% p.a. from the date of filing of the complaint till actual realization.

File be consigned to Record Room.

          Copy of Order be given as per rules.

          Announced this ____18_______January, 2019.

 

 

(PUNEET LAMBA)                                                                               (K.S. MOHI)

MEMBER                                                                                            PRESIEDENT