Delhi

West Delhi

CC/17/583

GAUTAM ARORA - Complainant(s)

Versus

INVENT APPLE PREMIUM - Opp.Party(s)

28 Aug 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (WEST).

150-151; COMMUNINTY CENTER ; C-BLOCK; JANAK PURI; NEW DELHI

CASE NO. 583/2017

Gautam Arora

S/o Sh. Anil Arora

R/o 3018, Shiv Chowk

Ranjeet Nagar,

South Patel Nagar,

New Delhi-110008                                                         ..…. Complainant

VERSUS

 

1. Invent  Apple  Premium  Reseller

          107, 1^st Floor, Moments Mall,

          Block-K Kirti Nagar,

         New Delhi-110015                                      ……  Opposite Party No. 1

 

2. APPs  You Need

           H-75 Sector-63,

          Noida-201301                                             ……  Opposite Party No. 2

 

 

3. The New India Assurance Company Ltd.

           Delhi Regional Office-I,

           2^nd Floor,R.G. City Centre,

           LSC, Block-B, Lawrence Road,

           New Delhi-110035                                      ……  Opposite Party No. 3

 

 

 

 

O R D E R

 

K.S. MOHI, PRESIDENT

 

The complainant has filed the present complaint against the O.P under section 12 of Consumer Protection Act, 1986.  The complainant had purchased Apple I phone 7  128 GB Black  from OP-1  on 07.10.2016 vide invoice  No. 005784 for a sum of  Rs. 70,000/-.  OP-1 represented that they were selling the product in collaboration with OP-2 and offered insurance for mobile set at special price.  Accordingly OP-2 purchased insurance policy  offered  by OP-3 for which complainant  paid Rs. 4350/-  for  damage, theft as well as pick-up and drop service.  It is further alleged that on  28.12.2016  the aforesaid mobile set was stolen  from JI. Kay Aya Seminyak Kuta Bandung, Bali Indonesia.  The complainant immediately reported theft to police officials of Bali Indonesia.  The matter was also reported to OP.  It is further stated that complainant was using Matrix Cellular Sim in the phone which was issued in the name of his wife Mrs. Neha Arora.  It is further  stated that claim of the complainant was approved by OP-2  on 09.01.2017 and asked  complainant to  submit  certain documents such as claim form, FIR SIM disconnection letter, mobile phone box, original accessories and original invoice .  The same documents were supplied to  OP-2.  OP-2 assured complainant that the claim cheque shall be issued within 90  working days .  On checking the said portal of the OP-2 it was   intimated  that cheque would be delivered to complainant by 30.04.2017.  When the complainant did not receive said cheque he approached OP-2 and he was told that cheque  would be issued by  30.05.2017  thereafter no cheque was received despite  repeated requests.  Hence the present claim for damage to tune of Rs. 50,000/- and approved amount of Rs. 59,850/- with interest. 

2.     Notice was sent to all the OPs.  OP-1 and OP-3 did not put up appearance accordingly were proceeded ex-parte on 05.01.2018. OP-2 was served through publication in daily newspaper Veer Arjun.  Since he, did not  appear despite service by publication he was also proceeded ex parte on 31.07.2018.  

3. The complainant was asked to file ex-parte evidence. The complainant led ex-parte evidence by filing affidavit reaffirming the facts of the complaint on oath.  He has filed  copy of  retail invoice and Insurance policy information letters Annexure –C-1& C-2, First information report Annexure –C-3, Copy of complaint Annexure –C-4, Copy of items list Annexure –C-5,  Contacting APPs  down loaded  by complainant on 24.02.2017 Annexure –C-6,  Copy communication with OP Annexure –C-7,  Copy of the intimation  by OP -2  Annexure –C-8,   Legal Notice  Annexure –C-9 & Annexure –C-10.   

4.     We have heard the complainant and perused the record.

5.     We have carefully perused the documents placed on record by the complainant which stood proved by leading evidence by way of affidavit sworn on oath.  The documents filed by complainant clearly demonstrate that OP-2 activated insurance cover for the mobile phone of the complainant to cover damage, theft, pick and drop services. The e-mails exchanged between the parties would also show that 0P-2 kept on tantalizing the complainant for issuance of cheque for the approved amount but  was not  issued till today. We have absolutely no reason to disbelieve the unchallenged and unrebutted  testimony of the  complainant.  The result is that the complaint is allowed. 

6.     Keeping in view discussion stated above we pass an award  in the sum of Rs. 59,850/- to be paid by OP within 45 days from the date of receipt of this order failing which OP is liable to pay interest at  the rate of 6% from the date of institution till actual realization. We also award Rs. 10,000/-  as compensation for physical and mental agony and litigation expenses.

Copy of this order be sent to the parties as per rules.

File be consigned to the record room. 

 

Announced this___28th___ day of __ August_____ 2019.

 

 

( K.S. MOHI )                                                     (PUNEET LAMBA)                     

PRESIDENT                                                              MEMBER