Man wins relief claim for stolen phone

Consumer forum asks outlet to pay cost of phone, ‘compensation for mental agony’

August 08, 2017 01:29 am | Updated 01:31 am IST - NEW DELHI

FILE Apple Face Record Bill For Irish Tax BERLIN, GERMANY - SEPTEMBER 19:  A shopper ltries out the new Apple iPhone 6 at the Apple Store on the first day of sales of the new phone in Germany on September 19, 2014 in Berlin, Germany. Hundreds of people had waited in a line that went around the block through the night in order to be among the first people to buy the new smartphone, which comes in two versions: the Apple iPhone 6 and the somewhat larger Apple iPhone 6 Plus.  (Photo by Sean Gallup/Getty Images)

FILE Apple Face Record Bill For Irish Tax BERLIN, GERMANY - SEPTEMBER 19: A shopper ltries out the new Apple iPhone 6 at the Apple Store on the first day of sales of the new phone in Germany on September 19, 2014 in Berlin, Germany. Hundreds of people had waited in a line that went around the block through the night in order to be among the first people to buy the new smartphone, which comes in two versions: the Apple iPhone 6 and the somewhat larger Apple iPhone 6 Plus. (Photo by Sean Gallup/Getty Images)

A District Consumer Disputes Redressal Forum in north Delhi has directed a retail outlet to compensate a customer for a lost phone along with the insurance amount.

The complainant, Neeraj Chaudhary, had alleged that his iPhone 6, which he bought for ₹43,000 in 2015, was stolen at the Bhajanpura crossing within three days of the purchase. He had opted for an insurance policy for the phone and based on that he claimed a refund of the due amount along with 18% interest till the realisation of the claim.

Phone untraceable

It was alleged that the police were unable to track the phone. The court observed that the complainant had submitted the required documents, including a copy of the FIR, the invoice of the handset, the insurance policy and a copy of the order of the court regarding the “untraced report”.

Mr. Chaudhary claimed that even after submitting the required documents, the other party refused to compensate him.

Stolen within 6 months

After this, Mr. Chaudhary filed a complaint with the consumer court stating deficiency in services. He claimed he was well within his rights to seek compensation as the phone was stolen within six months of the date of purchase.

Consumer court

The consumer court on July 31 directed the retail outlet in Timarpur and Syska gadget secure plan to compensate Mr. Chaudhary by paying him a sum of ₹32,250 after deducting the rate of depreciation.

The court order read: “We have gone through the contents of the complaint as well as the documents placed on the file. Both the opposition parties are liable as the mobile handset and Syska gadget plan were sold to the complainant. The complainant is further awarded a sum of ₹7,500 as compensation towards mental agony and harassment.”

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