DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 567/2016
D.No.__________________ Date: ________________
IN THE MATTER OF:
KAMAL AGARWAL,
S/o Sh. PAWAN KUMAR AGARWAL,
R/o 151, 3rd FLOOR, AMBIKA VIHAR,
PASCHIM VIHAR, DELHI-110087.… COMPLAINANT
Versus
1.GOEL TELECOM,
G-14 AGGARWAL PLAZA MAAL,
SEC.-3, ROHINI, DELHI-110085.
ALSO AT: 1824, SHANTI NAGAR MAIN ROAD,
TRI NAGAR, NEW DELHI-110035.
2. PURPLE MOBILE CARE,
159/2, 3rd FLOOR, SARAI JULENA,
NEW FRIENDS COLONY,
OPP.-ESCORTS HOSPITAL,
NEW DELHI-110025. … OPPOSITE PARTY(IES)
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 27.05.2016
Date of decision:18.03.2019
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 thereby
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alleging that on 24.05.2014, the complainant purchased a HTC Desire 700 Dual SIM Mobile from OP-1 for Rs.21,500/- vide invoice no. R2/651 dated 24.05.2014 and OP-1 offered to the complainant a scheme by which the mobile handset could be insured and an extended warrantee (similar to the warrantee provided by the manufacturer) of 2 years will be provided by paying 10% of the cost of the mobile handset and assured that the mobile handset would be protected against liquid and physical damages (accidental damage) for 2 years i.e. till 23.05.2016 from the date of purchase and it was also assured that free pick up and drop service alongwith a standby phone would be provided and that the mobile handset would be picked from the premises of the customer and would be dropped after complete repair from authorized service centers of the mobile manufacturing company and in case if the mobile handset is opened or tempered then the warrantee will be collapsed or finished and the complainant after being assured of protection against all sorts of detects and physical damage including theft agreed to pay 10% of the mobile handset cost and paid Rs.2,150/- extra to OP-1 against which OP-1 issued the insurance cover note and the insurance coverage on the mobile handset was to expire on 24.05.2016. The complainant further alleged that the complainant had been facing major problems in his mobile handset which included total loss of network, poor battery life, inaudible earpiece,
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frequent mobile hanging problem and non-working of standby button and the complainant, acting on the assurance that the mobile handset would be picked up by OP-2’s company desparatly called up the number several times but the number was out of service. Thereafter, the complainant, in anticipation that other contact numbers would be available searched on internet about OP-2 and was shocked to see numerous complaints against OP-2 about being fraud, office closed, mobile handset received but not returned etc. The complainant further alleged that the complainant called OP-1 on 16.05.2016 to whom the amount in cash was paid but to his shock and surprise it also expressed its inability to get it repaired as the insurance company has closed and asked to call the next day as he was out of Delhi and the complainant again called OP-1 on 19.05.2016 and it asked to visit its showroom at Rohini where it again expressed its inability to get it repaired as OP-2 was untraceable, however, on persistent request by the complainant and OP-1 offered to get it repaired from its own sources and refused take any liability whether it would be repaired or not and suggested that it could be further damaged as well and took no guarantee of repair. The complainant further alleged that the complainant asked OP-1 to get it repaired from HTC authorized service centers as promised at the time of selling of the mobile handset as getting it repaired
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from local unauthorized sources could damage the mobile handset in totality and OP-1 now got annoyed and refused to get it repaired and asked the complainant to approach any forum and continue to keep the said mobile handset as per the warranty applicable which is not only fraud but also deficiency in service, unfair trade practice.
2. On these allegations the complainant has filed the complaint praying for direction to OPs to refund the amount of Rs.21,500/- towards price of the mobile handset alongwith Rs.2,150/- being the amount towards insurance of the mobile handset as well as compensation of Rs.5,000/- for causing him mental pain, agony, damages and harassment. The complainant has also sought cost of litigation.
3. Notices were issued to OPs through speed post for appearanceon 02.08.2016. The complainant filed track reports. The notice to OPs was served by way of publication in the newspaper “Pioneer” hindi daily of dated 25.03.2017 and as such the notice to OPs was deemed to be served and despite that as none for OPs appeared and as such the OPswere proceeded ex-parte vide order dated 07.12.2016 & 13.12.2017 respectively.
4. In order to prove his case the complainant filed his affidavit in evidence and also filed written arguments. The complainant has also placed on record copy of retail invoice vide no.R2/651 dated 24.05.2014 of Rs.21,500/- issued by OP-1, copy of insurance
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policy/protection of vide receipt no.5023 dated 24.05.2014 for the period from 24.05.2014 to 23.05.2016 issued by OP-1 which bears rubber seal and signature of executive named Sh. Shrikant Rathore of OP-1.
5. This forum has considered the case of the complainant in the lightof evidence and documents placed on record by the complainant.However, the complainant has not placed on record any job sheet. Moreover, the complaint has been filed on 27.05.2016 i.e. on the date when the warrantee has already lapsed. In these circumstances, we are of opinion that the complainant has failed to prove his case by any cogent evidence. We do not find any merits in the complaint. Complaint is accordingly be 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 18th day of March, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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