Delhi

North East

CC/199/2015

Prem Priya vardhan - Complainant(s)

Versus

TMW Care Protection - Opp.Party(s)

06 Oct 2016

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.199/15

 

CORUM:-      Hon’ble President N.K.Sharma

                        Hon’ble Member Nishat Ahmad Alvi

                        Hon’ble Member Ms. Usha Khanna

 

In the matter of:

		Prem Priyavardhan R/o H.No. E-27,2nd Floor, Jhilmil colony, Delhi-95		Complainant
		Versus
	1.         2.	TMW Care Protection Through Mr. Saurav Thakur Add.1/6817, East Rohtash Nagar, Shahdara, Delhi-32 (Opp. Walia Electronic)   Smile Talk Through Mr. Puneet Gupta Add. 1/4370, Main Mandoli Road, Ram Nagar Extn, Shahdara, Delhi-32		Opposite Parties
			DATE OF INSTITUTION:		05.06.2015
			DATE OF DECISION      :		06.10.2016

 

 

Ms. Usha Khanna, Member:-

ORDER

 

1. Case of the complainant, in brief, is that he                         had  purchased a mobile phone - Karbonn A-119              IMEI No. 911359054189103 from OP2 for a sum of Rs. 5000/- and at the same time on the advice of OP2 complainant taken insurance plan (Extended service warranty, accidental damage etc) for two years i.e. 25.01.2015 to 25.01.2017 and paid him Rs. 500/-. On 16.04.2015 the display of the said mobile was broken. Complainant contacted OP2 who advised him to contact OP1 for availing the service. Same day complainant deposited his mobile to OP1 who issued a job-sheet and assured him that display would be changed within 10 to 15 days. On 02.05.2015 complainant contacted OP1 for collecting of the mobile phone but he was told that display of the same phones are not available and requested to come after one week. On 09.09.2015 complainant visited at OP1 place for collecting the mobile but OP1 told him that mobile would not be repaired because owner of OP2 failed to deposit amount for availing the services from OP1, OP1 had given a mobile No. i.e. 8130199047 of their senior Karan Bhatia who instructed them not to repair the complainant’s mobile.
2. On 09.05.2015 complainant meet with OP2 who apologized for the same and assured that his mobile would be handover to him at his address after repair within 2-3 days. But after waiting 5 days neither any massage nor his mobile sent by OP2. On 14^th May complainant again contacted OP1 who again promised that very soon mobile handset would be sent at his address.  On 22^nd May 2015 complainant again visited at OP1’s service centre for collecting his mobile but OP1 again told that the mobile was not repaired and again assured him to send his mobile within 3-4 days after repair at his address. Complainant number of times requests to OP1 and OP2 through mobile phone as well as personal visits but OP1 and OP2 paid no heed to the requests of complainant.
3. On 27.05.2015 complainant after waiting 42 days sent a legal/demand notice dated 27.05.2015 through his advocate to OP1 and OP2 but neither OP1 sent the mobile nor OP2 solve the problem of the complainant. pleading deficiency in service as well as unfair trade practice on the part of OPs complainant has prayed to direct the:-

1. OP1 return the mobile after changing “display” and in the working condition with battery to the complainant.
2. OP1 and OP2 to pay Rs. 20,000/- jointly and severally to the complainant for harassment of mental agony suffered by him alongwith Rs. 10,000/- as cost of litigation.

 

4. Both the OPs were served notice of this complaint but nobody appeared on their behalf therefore OPs were proceeded against Ex-parte vide order dated 13.11.2015.
5. Affidavit of evidence alongwith relevant documents has been filed by the complainant.
6. Heard and perused the record.
7. In support of complaint complainant has placed on record certain documents i.e. receipt issued by OP2 of Rs. 5000/-, copy of insurance issued by OP2 against the payment of Rs. 500/- job-sheet given by OP1, copy of legal notice served to OPs by the complainant.
8. As per exhibit CW-1/1 dated 25.01.2015 OP has issued the receipt against the payment of Rs. 5000/- paid by the complainant in cash for purchasing of mobile phone. Exhibit CW1/2 dated 25.01.2015 is a receipt issued by OP2 on behalf of insurer against the payment of Rs. 500/-. Exhibit CW1/3 dated 16.04.2015 is a job-sheet issued by OP1 which proves the defect “display break”. Exhibit CW1/4 dated 27.05.2015 is a legal demand notice issued by advocate of the complainant.
9. On perusal of record we find that a mobile was purchased by the complainant from OP2 and OP2 also insured the said mobile on behalf of OP1. When the said mobiles display was broken, the same was deposited with OP1 and was assured by OP1 to deliver his mobile after repairing at his residence but after sometime OP refused to repair the mobile on the ground that the OP1 has not received the insurance amount of Rs. 500/-
10. Complainant made several requests to OP1 and OP2 for repairing his mobile personally as well as through telephone but no heed was given by OPs on the requests of complainant. Mobile of the complainant was not repaired by OP1 and still with him. OP1 and OP2 both in collusion with one another has usurped the amount of Rs. 500/- from the complainant in the name of extended warranty of the mobile phone.
11. On the basis of above findings and the above material we are of the view that there is sufficient evidence in support of complainant’s case while there is no rebuttal thereof from the side of OPs and evidence of complainant remains uncontroverted. Thus the complaint of the complainant shall be deemed to be proved.
12. We therefore, holding both the OPs guilty for deficiency in service as well as unfair trade practice and direct them jointly and severally to:-         

1. Return complainant’s mobile after repair in the handset in working condition with battery; and
2. Pay Rs. 5000/- as compensation against harassment and mental agony; and
3. Pay Rs. 3000/- as cost of litigation to the complainant.

 

13. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.

 

14. File be consigned to record room.

 

 

(Announced on  06.10.2016) 

 

(N.K. Sharma) President

(Nishat Ahmad Alvi) Member

(Usha Khanna) Member