DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016
Case No.107/2017
Sh. Afaq Sherwani
R/o 207/12, Prakash Moholla,
East of Kailash, New Delhi ….Complainant
Versus
1. Syska Gadget Secure
through its Managing Director
office at: 4th Floor, Sapphire Plaza,
Plot No.80, S.No.232,
New Airport Road,
Near Symbiosis College,
Sakore Nagar, Viman Nagar,
Pune, Maharashtra-411014
2. Lehan Retails Pvt. Ltd.
Through its Managing Director
4th Floor, Sapphire Plaza,
Plot No.80, S. No.232,
New Airport Rd, Near Symbiosis,
College , Sakore Nagar, Viman Nagar,
Pune-Maharashtra-411014
3. Proprietor
USA Telecom
C-10, Amar Colony Market,
Lajpat Nagar-4,
New Delhi-110024 ….Opposite Parties
Date of Institution : 23.03.17 Date of Order : 03.01.19
Coram:
Sh. R.S. Bagri, President
Ms. Naina Bakshi, Member
Ms. Kiran Kaushal, Member
Naina Bakshi, Member
ORDER
Case of the complainant, in nutshell, is that on 02.05.16 the complainant purchased I-phone 6s, 16 GB mobile phone from OP- 3 for total amount for R.46222.22p. On the same day the complainant insured his mobile from OP No.1 and OP No.2 after paying Rs.2132.44p. Thus, the complainant paid total amount of Rs.54,399/- to the OP No.3. At the time of purchasing the mobile the OP No.3 insisted to take insurance from OP No.1 and assured that the OP No.1 is a good company and resolve the problem of their consumers expeditiously and all the services of the mobile shall be provided at Delhi. On 27.01.17, the complainant went to Lucknow through flight. After de-boarding the flight the complainant was standing at the airport lounge and was calling to his cab driver. At that time suddenly one unknown person came from backside and hit the complainant and due to sudden uncontrolled force and hit, the complainant lost his control and his mobile fall down and the screen display of the said mobile got completely damaged and also overall functions of the mobile was get effected. On 28.01.17 the complainant lodged the claim No. 1701288010 and uploaded required documents on the website of OP No.1 and completed all the formalities. The complainant requested many times to the OP No.1 through phone calls and emails to resolve the issue of the complainant but all in vain. It is submitted that OP No.1 had replied monotonously and sent automatic reply that “we wish to inform you, we have forwarded your email to our concerned department and we will get back to you at earliest.” The complainant wrote this issue to the managing director of OP No.1 Mr. Sahil Vidate on linking email and on twitter and on facebook however OP No.1 had not replied positively or resolve the problem. The complainant had also met with OP No.3 several times and requested to intervene in the matter and resolved the issue as the OP No.3 had advised him to purchase the mobile phone. The complainant had sent many reminders to the OP No.3, complainant lastly sent the legal notice on 19.02.17 to the OPs but no reply was received despite the notice was served upon the OPs. Hence, pleading deficiency in service on the part of the OPs, the complainant has filed the present complaint for the following reliefs:-
- Direct the OPs to replace the mobile phone with new one or refund the entire amount of mobile with interest @ 18% p.a. from the date of damage i.e. 27.01.17.
- Direct the OPs to pay Rs.1,00,000/- as compensation for mental agony and trauma caused to the complainant with interest @ 18% p.a. from 27.01.17 till the date of payment.
- Direct the OPs to pay Rs.1,00,000/- for the litigation cost incurred alongwith interest @ 18% p.a..
OPs have been proceeded exparte vide order dated 22.08.17.
Complainant has filed his own affidavit in evidence as well as written arguments.
We have heard the complainant and have also gone through the file very carefully.
OPs have the knowledge about the filing of the complaint but have not chose to contest it.
Complainant has placed on record, the copy of retail invoice dated 02.05.16 for an amount of Rs.54399/- including the insurance amount of Rs.2132.44p paid to OP No.1 as Annexure C-1. Insurance claim form dated 28.01.17 as Annexure C-2 (Colly). The various emails exchanged between the parties have been filed as Annexure C-3 (Colly). The complainant sent a legal notice to OPs as Annexure C-4 (Colly).
It is evident from the record that the complainant had purchased the mobile phone from OP No.3 for an amount of Rs.54,399/- after paying Rs.2132.44 as insurance. It is clear from the retail invoice as Annexure C-1 that at the time of purchasing the mobile from OP No.3 OP No.3 themselves charged the insurance amount of Rs. 2132.44p for OP No.1.
Averments made in the complaint and evidence led by the Complainant have remained uncontroverted and unchallenged. Hence, there is no reason to disbelieve the version of the Complainant.
It is clear that the OPs have neither repaired the phone nor replaced the same with new one or refunded the amount to the complainant despite several requests made by the complainant in this regard. It amounts to deficiency in service and unfair trade practice on the part of OPs.
Therefore, we allow the complaint and hold the OPs guilty of unfair trade practice and deficiency in service and direct the OP No.1 & OP No.3 jointly and severally to refund the amount of Rs.46222/-i.e. price of the mobile alongwith interest @ 7% from the date of filing of the complaint till the date of realization. OP is further directed to pay Rs.10,000/- for harassment and mental agony undergone by the Complainant including cost of litigation.
The order shall be complied within 30 days of receipt of this order failing which OP shall become liable to pay interest 9% per annum from the date of filing of the complaint till its realization.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 03.01.2019
