Delhi

North East

CC/26/2017

ARVIND KUMAR VERMA - Complainant(s)

Versus

THE PROPRIETOR/MANAGER SOUTH PORT RETAIL - Opp.Party(s)

04 May 2018

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.26/17

 

In the matter of:

 

	Shri Arvind Kumar Verma 1/6865, Nehru Gali (East) Rohtash Nagar, Delhi 110032	Complainant
	Versus
	M/s. The Prop/ Manager South Port Retail 23, Veer Savarkar Block, Shakarpur, Vikas Marg, Delhi 110092   Also at : Apps Daily Solution Pvt. Ltd. D-3137, Oberoi Garden Estate Andheri Farm Road, Andheri (E) Mumbai 400 072	Opposite Parties

 

	DATE OF INSTITUTION:	30.01.2017
	RESERVED FOR ORDER:	01.05.2018
	DATE OF DECISION:	04.05.2018

 

N.K. Sharma, President

Ms. Sonica Mehrotra, Member

Ravindra Shankar Nagar, Member

 

 

 

Order passed by Ms. Sonica Mehrotra, Member:-

ORDER

1. The complainant had submitted that he had purchased a Samsung mobile model SMJ 700F ZDD IMEI                                      No. 356272073900287 through bill no. S15/2627 for a sum of               Rs. 14,999/- on 20.01.2016 from OP1. The complainant has further submitted that he was advised and pressurized by OP1 to purchase Mobile Protection  Insurance Plan (MPIP) from OP2 and was given assurance by OP1 and OP2 that it was the best mobile insurance plan for broken, physical damages, theft, completely dead and other mobile problems. Therefore, believing and relying on the assurance given by OP1 and OP2 the complainant took the MPIP on the date of purchase on payment of Rs. 1,249/- to OP2 vide invoice No. 1311. The complainant has stated that on 26.10.2016, the complainant met with an accident where his mobile phone was completely damaged and on 02.11.2016, he approached the OP1 and explained about the accident and the mobile damage. Thereafter, he submitted his claim on OP2 Helpline no. 022-61555222 and Customer Care Officer of OP2 gave him reference no. CIN AND C181016. The complainant was charged a sum of Rs. 750/- by OP2 as the process fee on 02.11.2016 and the mobile phone was taken away from the complainant and OP2 informed the complainant that after 21 days, his claim would be passed by them and as such he should approach OP2 after 21 days and take his mobile claim was under process. It has been further submitted by the complainant that he approached OP after 21 days but the OP didn’t return the mobile phone to complainant and told that his claim is under process and as such he should come after some days. It has been further submitted by complainant that he approached OP many times but the OP didn’t hand over the mobile phone to complainant. Thereafter, the complainant sent a legal notice to the OPs on 15.12.2016 by Speed Post and the said notice was delivered to OP1 and OP2 on 16.12.2016 & 17.12.2016 respectively.  It has been further alleged by the complainant that there is deficiency and negligence on the part of OPs as the OPs had advised him to take a mobile insurance plan and thereafter, sold a false insurance plan to him for an amount of Rs. 1,249/- and also charged Rs. 750/- as process fee. Thereafter, the OP assured the complainant that the matter would be solved within 21 days but it was a ploy to delay the issue and complainant was left stranded with a defective device which had completely stopped functioning and as such the deficiency of service is proved. Accordingly, the complainant has prayed vide the present complaint that the OPs are liable to pay Rs. 14,999/- as refund of Mobile set purchased by him alongwith Rs. 1,249/- charged from him for Apps Daily Mobile Protection Insurance Plan as well as                 Rs. 750/- charged from the complainant towards Mobile process fee claim. In addition to above, the complainant has prayed for Rs. 10,000/- as compensation for financial lose, inconvenience and mental trauma and also Rs. 10,000/- towards litigation charges, payable to him by OPs.

The complainant has annexed a copy of retail sale bill no.S 15/2627 dated 20.01.2016 towards the purchase of above mobile set for an amount of Rs. 14,999/- from OP1 alongwith retail invoice no. 1311 dated 20.01.2016 for an amount of Rs. 1,249/- towards Apps Daily Mobile Protection upto Rs. 15,000/- issued by OP1. In addition to above, a copy of job sheet dated 02.11.2016 showing cash receipt of Rs. 750/- charged by OP2 and a copy of legal notice dated NIL sent to OPs on 15.12.2016 alongwith Speed Post receipts & track report of service.

2. Notices dated 10.02.2017 were issued to OPs and both the  notices were duly served to OP1 and OP2 on 15.02.2017 & 18.02.2017 respectively. However, none of the OPs appeared before this Forum despite several opportunities and as such were proceeded against ex parte vide order dated 01.05.2017.
3. Complainant has filed Ex parte affidavit of evidence exhibiting the purchase invoice, Apps Daily MPIP with bill, process fee for insurance claim and legal notices with postal receipts.
4. Written arguments were filed by the complainant wherein he reiterated his grievance in his complaint with the request that since the OPs had intentionally, deliberately and with ulterior motive avoided the notice / summons and failing to appear before this Forum whereas the complainant had adhere to the terms and conditions of the insurance plan but the OPs did not settle his claim goes to prove that the OPs has indulged in deficiency of service and prayed that , the complaint may be allowed with relief as in the prayer clause.
5. We have heard oral arguments of the complainant and had also gone through the documentary evidence submitted by complainant in support of his contentions. We are of the considered view that in the absence of any rebuttal by the OPs, the complainant has succeeded in establishing the case of deficiency in service on the part of OPs and as such we are of the considered opinion that OPs are liable to compensate the complainant for deficiency of service and unfair trade practice. We therefore direct both the OPs jointly and severally as seller and insurer and in business relationship with each other to refund the amount of Rs. 14,999/- towards the mobile phone purchase alongwith Rs. 1249/- towards the insurance plan and also Rs. 750/- towards the process fees claim totaling Rs. 16,998/- to the complainant. In addition of above, we also award a sum of Rs. 5,000/- towards the compensation for financial loss, inconvenience and mental trauma and Rs. 2,000/- towards litigation charges payable to complainant by OPs jointly and severally. Let the order be complied within a period of 30 days from the date of receipt of this order failing which 9% interest p.a. shall also be payable by the OPs to the complainant on the total awarded amount i.e. Rs. 23,998/- from the date of award of this case till the date of realization.
6. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
7. File be consigned to record room.

(Announced on 04.05.2017)     

(N.K. Sharma)      President

(Sonica Mehrotra) Member

(Ravindra Shankar Nagar) Member