DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST

GOVT. OF NCT OF DELHI

CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.

CC No: 674/2015

D.No._______________________                   Dated: __________________

IN THE MATTER OF:

NITIN MALHOTRA S/o SH. RAMESH CHANDER,

R/o A-93 Y, DDA FLATS,

JAHANGIR PURI, DELHI-110033.                         … COMPLAINANT

   Versus

1. XOLO MOBILE CO.,

    ADDRESS NOT KNOWN.

2. NEW MOBILE CARE INDIA PVT. LTD.,

    OFFICE AT: WZ-109, STREET NO. 1,

    SADH NAGAR PALAM COLONY, NEW DELHI-110045.

3. SOHAM TELECOM,

    SHOP-5, BN BLOCK, DDA MARKET,

 SHALIMAR BAGH BEHIND EVER BAKE,

    DELHI-110088.           … OPPOSITE PARTY(IES)

CORAM :SH. M.K. GUPTA, PRESIDENT

          SH. BARIQ AHMED, MEMBER

MS. USHA KHANNA, MEMBER   

                                                          Date of Institution: 08.07.2015

                                               Date of decision:05.02.2018

SH. M.K. GUPTA, PRESIDENT

ORDER

1.       The complainant has filed the present complaint against the OPs under section 12 of the Consumer Protection Act, 1986 therebyalleging that the complainant is the regd. owner of Xolo mobile (model Xolo Q1000S) having IEMI no. 911329850027617 which was

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          purchased from OP-3 on 06.10.2013 for a sum of Rs.17,500/- vide bill no. 12999 dated 06.10.2013 in cash and further the complainant paid Rs.1,750/- for mobile care cashless protection plan (insurance) from OP-2 through OP-3 vide plan ID no. NMC 22651 on 06.10.2013. On 14.02.2014 at about 9:45 a.m. outside Rohini Court the said mobile phone was stolen by someone and in this regard a complaint dated 14.02.2014 was filed before the Chowki Incharge, Rohini Court, Delhi and FIR bearing no. 208/14 dated 03.03.2014 was registered by P.S. Prashant Vihar, Delhi. Thereafter, the police filed an untracedreport in the court on 03.03.2014 and the complainant contacted several times through phone call and e-mail for claiming compensation as per protection plan but OPshave not given any reasonable response and did not pay any heed to the complaint and did not release the claim to the complainant till now. The complainant further alleged that the complainant filed a complaint before Mediation Centre, Jahangir Puri but OP did not appear before the Mediation Centre vide reference no. 114/JMC/direct2015 and the complainant accordingly alleged that he suffered loss of Rs.50,000/- due to mental and physical harassment and there is deficiency in service and unfair trade practice on the part of OPs.  

2.       On these allegations the complainant has filed the complaint praying for direction to the OPs to release the claim amount of

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          Rs.75,500/- which includes Rs.50,000/- as compensation, Rs.10,500/- being the 60% value of the mobile phone and Rs.15,000/- as litigation expenses.

3.       It is not out of place to mention here that initially the complainant filed complaint against Xolo Mobile as OP-1 and on the application of OP-1, proceedings against Xolo mobile were deleted vide order dated 31.05.2017.Whereas none for OP-2 & OP-3 appeared despite service of notice on 28.01.2016 as per track report. OP-2 & OP-3 have been proceeded ex-parte vide order dated 06.02.2017.

4.       In order to prove his case the complainant filed his affidavit in evidence and also filed written arguments. The complainant also placed on record copy of retail invoice no. 12999 dated 06.10.2013 for purchase of mobile set for a total value of Rs.17,500/-, copy of mobile care ‘cashless protection plan’ dated 06.10.2013 which is issued by OP-2 and also bearing the rubber seal of OP-3, copy of police complaint dated 14.02.2014 by the complainant, copies of e-mail communication, copy of FIR no. 208 dated 03.03.2014 and copy of‘untraced report’.

5.       This forum has considered the case of the complainant in the lightof evidence of the complainant and documents placed on record by the complainant. As per cashless protection plan dated 06.10.2013, the protection was given for 2 years on account of accidental

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          damage and water damage. The said protection plan does not cover the loss on account of theft.Thus, we are of opinion that the complainant has failed to prove his case by way of anycogent evidence and there is no merits in the complaint. The complaint is accordingly dismissed.

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. Thereafter file be consigned to record room.

Announced on this 5^th day of February, 2018.

BARIQ AHMED                         USHA KHANNA                         M.K. GUPTA

   (MEMBER)                                 (MEMBER)          (PRESIDENT)

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