Chandigarh

DF-I

CC/238/2017

Virender Singh - Complainant(s)

Versus

TVS Electronics Ltd. - Opp.Party(s)

In Person

23 May 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

============

Consumer Complaint  No	:	CC/238/2017
Date  of  Institution	:	17/03/2017
Date   of   Decision	:	23/05/2017

 

 

 

 

 

Virender Singh s/o Shri Ram Kumar, R/o H.No. 1004, Sec.21, Panchkula.

……… Complainant.

Versus

 

1.   TVS Electronics Limited, SCO 103, Ground Floor, Sector 47-C, Chandigarh, through its Manager/Authorized Signatory.

 

2.   AD’s Mobile Arcade, SCO 1039, Sector 22-B, Chandigarh, through its Prop./Partner/Authorized Signatory.

 

3.   Syska Gadget Secure (Insurer of the Mobile Phone), SCO 109, First Floor, Sector 47-C, Chandigarh.

 

……. Opposite Parties

 

BEFORE:   SH. S.S. PANESAR             PRESIDENT

SMT.SURJEET KAUR             MEMBER

          SH. SURESH KUMAR SARDANA     MEMBER

 

For Complainant	:	Sh. Virender Singh, Complainant in person
For OPs	:	Ex-parte.

 

PER SURJEET KAUR, MEMBER

 

          Briefly the facts giving rise to the present Consumer Complaint are that the Complainant purchased one HTC Desire 626 LTE 4G Blue mobile handset from Opposite Party No.2 vide Invoice No. 6376 dated 26.02.2016 for a sum of Rs.13,900/-. The Complainant also got the said mobile handset insured from Opposite Party No.3 vide Policy No. 10864940 after paying a sum of Rs.1199/-. During the currency of the policy, in June 2016, the said mobile handset fell on road due to which its screen broke. A claim was accordingly lodged with the Opposite Party No.3 vide CIN 1606204682 dated 20.06.2016, who approved the claim of Rs.4800/- for getting the screen changed/repaired from the Service Centre (Opposite Party No.1). However, when contacted, Opposite Party No.1 asked the Complainant to pay Rs.4861/- to them for repairing the Screen and that the claim of Rs.4800/- would be credited by the Opposite Party No.3 directly into his bank account. The Complainant accordingly paid a sum of Rs.4861/- to Opposite Party No.1 vide service Invoice No. 90299458 dated 11.07.2016, pursuant whereof Opposite Party No.1 repaired the mobile phone. It has been alleged that the Complainant waited sufficiently to get claim, but the Opposite Parties put off the matter on one pretext or the other. The Complainant even made various correspondence through e-mails, telephones and personal visits to get the claim amount, but all in vain. Hence, alleging the aforesaid act & conduct of the Opposite Parties as deficiency in service and unfair trade practice, the Complainant has filed the present Complaint.

 

2.          Notice of the complaint was sent to Opposite Parties seeking their version of the case. However, nobody appeared on behalf of Opposite Parties despite service, therefore, they were proceeded ex-parte.

 

3.          The complainant led evidence in support of his contentions. 

 

4.          We have gone through the record and heard the arguments addressed by the complainant.

 

5.          In the present case, the averments of the complaint have gone unrebutted in the absence of the Opposite Parties, who were duly served and preferred neither to appear in person, nor through their Counsel. It is established beyond all reasonable doubt that the grievance of the Complainant is genuine. Undoubtedly, the Complainant had spent an amount of Rs.1199/- to purchase an insurance policy for securing his mobile handset from risks of fire & allied perils damage/ accidental physical damage/ fluid & water damage/ theft/ total loss etc. having faith in the Insurer (Syska Gadget Secure) and not for running behind the Opposite Parties to get the claim amount and then to knock the doors of this Forum for justice. At any rate, Opposite Party No.2 received the premium of Rs.1199/- towards the insurance of the mobile handset from the Complainant and also issued Invoice dated 26.02.2016 for the same (Pg. No.15 of the paper book), so it (Opposite Party No.2) is liable to refund the amount. Since the broken Screen was repaired by the Opposite Party No.1 and a claim of Rs.4800/- was approved by the Opposite Party No.3, as such Opposite Parties No.1 to 3 had joined hands to befool the gullible and susceptible consumers by not releasing even the approved amount. Hence, Opposite Parties cannot escape their liability for payment of the approved amount to the Complainant. In our opinion, due to the lackadaisical and irresponsible attitude of the Opposite Parties, the Complainant has certainly suffered a lot. It was the duty of the Opposite Parties to promptly credit the approved amount of Rs.4800/- into the bank account of the Complainant after he paid a sum of Rs.4861/- out of his own pocket for the repair of the screen of the mobile handset in question, but they have miserably failed to do so. Therefore, the act of the Opposite Parties in not releasing the claim amount to the Complainant, despite his repeated endeavours, proves deficiency in service on their part, which certainly has caused immense, mental and physical harassment to the complainant. Thus, finding a definite deficiency in service on the part of the Opposite Parties, we have no other alternative, but to allow the present complaint against them.

 

6.          In the light of above observations, the present complaint succeeds against the Opposite Parties. The same is allowed qua them. We direct the Opposite Parties as under:- 

(i)  To pay the approved amount of Rs.4800/- to the Complainant;

(ii) To pay Rs.2500/- as compensation to the complainant for the unfair trade practice and harassment caused to him.

(iii) To also pay a sum of Rs.2500/- to the complainant as litigation expenses. 

7.          This order be complied with by Opposite Parties, jointly and severally, within one month from the date of receipt of its certified copy, failing which they shall make the payment of the amounts mentioned at Sr. No.(i) & (ii) above, with interest @ 9% per annum from the date of filing of the present complaint, till realization, apart from compliance of direction at Sr. No.(iii) above.

8.          The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

23^rd May, 2017                                                      Sd/-

(S.S. PANESAR)

       PRESIDENT

 

Sd/-

(SURJEET KAUR)

       MEMBER

 

Sd/-

(SURESH KUMAR SARDANA)                                                                                                      MEMBER