BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
VAZHUTHACAUD, THIRUVANANTHAPURAM.
PRESENT
SRI. P. SUDHIR : PRESIDENT
SMT. R. SATHI : MEMBER
SMT. LIJU B. NAIR : MEMBER
C.C. No. 212/2016 Filed on 28.04.2016
ORDER DATED: 31.01.2017
Complainant:
Sumith. P.V, Nirappuvilakam, Vadakke Junction, Vilappilasala P.O, Vilappil, Thiruvananthapuram.
(Party in person)
Opposite parties:
- The Proprietor, Twins Mobile Communications, Capital Towers, Statue, Thiruvananthapuram.
- Managing Director, Adaptcare Mobile Insurance, M/s Sense Cyber Networks, Level 12, Tower C, Building 8, DLF Cyber City, DLF City Phase II, Gurgaon, Haryana-122 002.
This C.C having been heard on 08.12.2016, the Forum on 31.01.2017 delivered the following:
ORDER
SMT. R. SATHI: MEMBER
In the instant case, complainant purchased Sony handset Xperia M4 Aqua mobile for Rs. 21,000/- on 05.09.2015 from 1st opposite party. While purchasing the mobile an insurance for Rs. 1,699/- of Adapt care company was also taken. On 05.04.2016 the mobile fallen down and display and glass became defective. The complainant contacted the mobile company and as per the direction of the company he contacted the insurance customer care and registered his complaint. The insurance company sent a mail on 07.04.2016 asking for document and on the basis of that he sent required documents on 08.04.2016. Again on 11.04.2016 the company sent mail stating that the company will contact him within two days over phone. But no action was taken from that side. When the complainant approached the 1st opposite party, they gave him the phone number of distributor of insurance company. On enquiry it came to know that the distributor gave away the distribution. The complainant was not able to contact the insurance company and hence approached this Forum for refund of Rs. 21,000/-, the price of the mobile or new phone of same price along with cost of Rs. 10,000/- and compensation of Rs. 10,000/-.
Notice was ordered to opposite parties. The 1st opposite party accepted notice, but failed to appear and notice to 2nd opposite party returned unclaimed. Hence both parties called absent and set exparte.
Complainant filed affidavit and marked Exts. P1 & P2.
Issues:
- Whether there is any deficiency of service or unfair trade practice on opposite party’s side?
- Whether the complainant is eligible for any reliefs as sought for?
Issues (i) & (ii):- The complainant purchased a mobile phone as per Ext. P1 on 05.09.2015 and is having valid insurance as per Ext. P2 from 07.09.2015 to 06.09.2016. On 05.04.2016 his mobile fall down and its display and glass broke down. The complainant tried to contact the insurance company through different means. He tried to contact through the distributors, but he failed. Here notice was ordered to both opposite parties. The 1st opposite party dealer accepted notice, but failed to appear before this Forum. The 2nd opposite party also not appear and hence proceeded exparte. The complainant contacted the insurance company as per the direction of the dealer and sent mail of every document asked by the insurance company. But the complainant was not able to contact the insurance company after that. The complainant has taken the policy at the time of purchase of mobile and he also spent Rs. 1,699/- for this. The 1st opposite party did not appear before this Forum or take any steps to recover the insurance amount for the complainant. From the statement and documents it is clear that there is deficiency of service and unfair trade practice on opposite parties’ side. There is also no reason to disbelieve the complainant. The 1st opposite party is jointly responsible for the act of the 2nd opposite party. From the 1st opposite party complainant purchased the mobile and insurance. It is the responsibility of the 1st opposite party to make sure the safety of its customers. Hence the 1st opposite party is bound to compensate for the loss sustained by the complainant. Therefore 1st opposite party is directed to repair the mobile of complainant free of cost and pay Rs. 2,000/- towards cost.
In the result, complaint is allowed directing the 1st opposite party to repair the mobile of the complainant free of cost and pay Rs. 2,000/- towards cost within one month from the date of receipt of this order, failing which the 1st opposite party is directed to refund the price of the mobile along with costs. The complainant should hand over the mobile to 1st opposite party at the time of refund.
A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 31st day of January 2017.
Sd/-
R. SATHI : MEMBER
Sd/-
P. SUDHIR : PRESIDENT
Sd/-
LIJU B. NAIR : MEMBER
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C.C. No. 212/2016
APPENDIX
I COMPLAINANT’S WITNESS:
NIL
II COMPLAINANT’S DOCUMENTS:
P1 - Copy of retail invoice issued by 1st O.P dated 05.09.2015
P2 - Copy of insurance policy document
III OPPOSITE PARTY’S WITNESS:
NIL
IV OPPOSITE PARTY’S DOCUMENTS:
NIL
Sd/-
PRESIDENT
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