BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Complaint no. 18 of 2016.
Date of Institution: 12.1.2016.
Date of Decision: 5.9.2016
Prem Kumar, aged about 25 years, son of Shri Jagdish Lal, resident of village Ram Nagaria, Tehsil and District Sirsa.
………Complainant.
Versus
- M/s Wadhwa Mobile Care, through its Prop/ Incharge, Near Jaipur Hospital, Circular road, Sirsa.
- M/s Leehan Retail Pvt. Limited 4, SSK Saphere Plaza, Pune Airport road, Near Symbosis College, Pune-411014 through its Authorized/ responsible person.
- SSK Retails Private Limited, 7-Akshay Complex, Office Dhole Pail Road, Pune-411001 through its Authorized person/ signatory/ chairman/ Director.
……… Opposite parties.
Complaint under Section 12 of the Consumer Protection Act, 1986.
Before: SHRI S.B.LOHIA…………………PRESIDENT
SHRI RANBIR SINGH PANGHAL ……MEMBER.
Present: Shri Yogesh Modi, Advocate for complainant.
Opposite parties already exparte.
ORDER
In brief, case of complainant is that complainant purchased one Mobile Set make Microsoft Model 535 Black colour against the cash payment of Rs.9200/- from opposite party no.1 and at that time op no.1 also explained about the insurance plan for the mobile launched by ops No.2 & 3. The op no.1 also assured for payment of total value of mobile in case of any damage or loss to the mobile under the guideline named as “Hassle Free Claim Resolution” as is duly mentioned in the gadget book issued and supplied by op no.1 on behalf of ops No.2 & 3 and op no.1 also charged the amount for the said insurance plan. The op no.1 at his own installed the gadzet into the mobile of complainant and also assured that insurance period has been started and in this regard also supplied insurance receipt bearing No.83502400 in the month of February, 2015. The mobile of complainant suffered damages and on this he approached op no.1 as damage occurred within insurance period and requested op no.1 for payment of the insurance as per the scheme and policy of ops No.2 & 3 but op no.1 put off the genuine claim of the complainant on one pretext or the other and has failed to redress the genuine grievance of complainant. Now the ops have repudiated the claim of the complainant but have not supplied any letter in this regard and have committed the breach of trust. The ops have committed unfair trade practice and have also caused unnecessary harassment to the complainant and therefore, he is also entitled to Rs.50,000/- as compensation from the ops. Hence, this complaint.
2. On notice, none put in appearance on behalf of op no.1 despite service and was proceeded against exparte. Opposite parties also did not appear despite issuance of summons through registered covers and as prescribed period elapsed, they were also proceeded exparte.
3. In his exparte evidence, the complainant produced his affidavit Ex.CW1/A. 4. We have heard ld. counsels for complainant and have gone through the record carefully.
5. The complainant has placed on file his affidavit Ex.CW1/A wherein he has testified all the facts so set out by him in his complaint. In support, he has also placed on file copy of cash/credit memo, legal notice and postal receipts etc. There is no rebuttal to the pleadings and evidence led by the complainant as the opposite parties have opted to be proceeded against exparte. So, we have no other option but to believe the version of the complainant. The complainant has alleged that at the time of purchase of mobile in question, it was got insured by opposite party no.1 through ops No.2 & 3 and his mobile suffered damages in the insurance period but the opposite parties have repudiated his genuine claim. The complainant has been able to prove his case. In these circumstances, this complaint is hereby allowed, with a direction to the opposite parties, to replace the mobile hand set in question with a new one of similar description, within a period of one month, from the date of receipt of copy of this order. The ops are further directed to pay a sum of Rs.2000/- to the complainant as litigation expenses. All the Ops are jointly and severally liable to comply this order. Copy of this order be supplied to the parties as per rules. File be consigned to record room.
Announced in open Forum. President,
Dated:5.9.2016 Member. District Consumer Disputes
Redressal Forum, Sirsa.
