BEFORE THE HON’BLE DISTRICT CONSUMER

FORUM, NEW DELHI

Case No…………/2018

A COMPLAINT UNDER SECTION 12 (3) OF THE

CONSUMER PROTECTION ACT, 1986

IN THE MATTER OF:

1. Sharjeel Ahmad
R/O B.R.A. Hostel,
Jamia Millia Islamia,
New Delhi, 110025.
.......Complainant

Versus

1. Hana Motor Pvt. Ltd.

A 30, Mohan Co-operative Industrial Estate,

Mathura Road, New Delhi- 110044

……Respondent No. 1

2. Hyundai Pvt. Ltd.

Plot No. 5, 2nd and 6th Floor Corporate One

Baani Building Jasola Vihar, New Delhi- 110025

……..Respondent No. 2

INDEX
S.No. Page No. of part to Remarks
which it belongs
Part I Part II
(Contents (Contents
of Paper of file
Book) alone)

(i) (ii) (iii) (iv) (v)

1. O/R on Limitation

2. Listing Proforma

3. Cover Page of Paper

book

4. Index of Record of
Proceedings

5. Limitation Report
prepared by the Registry

6. Defect List

7. Note Sheet NS1 to

8. List of Dates B-

9. Complaint with
Affidavit.

10. APPENDIX
Section 12 (3) of the
Consumer Protection
Act, 1986.

11. ANNEXURE P-1:

The Screen-shot of the

mobile application in
reference of the
 booking of the Mobile
phone with Mi Protect
(Mobile protection
against physical and
liquid damages) in the
flash sale.
12. ANNEXURE P-2:

The Tax Invoice of the

Mobile phone and Mi
Protect drawn in
favour (Mobile
protection against
physical and liquid
damages)of the
complainant vide
order no.
5170421998882245
sold by Respondent
No. 2.

13. ANNEXURE P-3:

The 1st claim of the

mobile phone which
was registered with the
Respondent No. 1.
14. ANNEXURE P-4:

A copy of the
intimation letter sent
by the Respondent No.
1 pursuant to the
settlement of the 1st
claim.
15. ANNEXURE P-5:

An Email, intimated
the Respondent No. 2
to update the IMEI by
the complainant.
16. ANNEXURE P-6:
The Complainant
furnished the images
of the handset
reflecting IMEI and
Invoice of the Mobile
Phone which was
demanded by the
Respondent No.1
17. ANNEXURE P-7:

The complainant
furnished 4 Images of
Mobile from all sides
(Left, right, back and
front with IMEI
Number by
dialing *#06#) with the
Invoice Copy to change
the IMEI number as
asked by the
Respondent No.1.
18. ANNEXURE P-8:

The complainant
furnished the invoice
of the mobile phone to
the Respondent No. 1
as demanded by the
latter.

19. ANNEXURE P-9:

The complainant was

again tendered an E-
mail from the
Respondent No. 1
demanding the full
handset images with
IMEI no. reflecting on
the screen and 2 sides
of panel and backside
image of the mobile
phone.
20. ANNEXURE P-10:

The complainant was

tendered an email
from the Respondent
No. 1 to furnish the
replacement letter
reflecting the IMEI
number to update the
IMEI number.
21. ANNEXURE P-11:

The 2nd claim against

the protection of the
mobile phone against
liquid and physical
damage was made by
 the complainant to the
respondent No . 1 via
mobile application.
22. ANNEXURE P-12:

In furtherance of the
2nd claim the
complainant was
tendered the text
seeking the IMIEI no.
of the Mobile phone
seeking claim by the
Respondent No 1.
23. ANNEXURE P-13:

The complainant
tendered Legal Notice
to the Respondent
No.1 against non-
compliance of the
request of the
complainant for the
updation of the IMEI
no and 2nd claim.

24. F/M

25. V/A

FILED BY

Filed on: ____-____-2018

New Delhi

(SHARJEEL AHMAD)

COMPLAINANT

LIST OF DATES

09-01-2019 The Cash memo (SR/18-19 4898) drawn in

favor of the complainant in reference of the

 booking of the Motor Vehicle for the

booking amount of Rupees 1 Lac only. . A

Copy of the said document is annexed

hereto as Annexure P-1.

05-02-2019 The Retail Invoice of the Vehicle purchased

drawn in favor of the complainant vide inv

no. C2019010230 sold by Respondent No.

1. A copy of the said document is annexed

hereto as Annexure P-2.

05-02-2019 The debit note of amount Rupees 97,

804.00 issued by the buyer (Complainant)

vide receipt no. HMP/ 18-19/0983 for the

Registration of the vehicle. A Copy of the

said document is annexed hereto as

Annexure P-3.

31-05-2019 The screenshot of the email sent to

Respondent no. 2 intimating them about

the complaint. A copy of the intimation

letter sent is annexed hereto as Annexure

P-4.

11-06-2019 The screenshot of the reply by Respondent

no. 2. A copy of the said document is

annexed hereto as Annexure P-5.

11-06-2019 The screenshot of the intimation letter

sent to Respondent no. 2. A copy of the

 said document is annexed hereto as

Annexure P-6.

11-06-2019 The screenshot of the calls made by the

complainant to the customer service centre

of Respondent no. 2. A copy of the said

document is annexed hereto as Annexure

P-7.

29-08-2019 The complainant got his vehicle registered

from the RTO on his own for the amount of

Rs. 98822 paid vide receipt no.

DL3D190800007356. A copy of the

screenshot receiving the amount by the

RTO is annexed hereto as Annexure P-8.

29-08-2019 The complainant was again tendered an E-

mail from the Respondent No. 1 demanding

the full handset images with IMEI no.

reflecting on the screen and 2 sides of

panel and backside image of the mobile

phone. A copy of the said document is

annexed hereto as Annexure P-9.

21-02-2018 The complainant was tendered an email

from the Respondent No. 1 to furnish the

replacement letter reflecting the IMEI

number to update the IMEI number. A

copy of the said document is annexed

hereto as Annexure P-10.

13-03-2018 The 2nd claim against the protection of the

mobile phone against liquid and physical

damage was made by the complainant to

the respondent No . 1 via mobile

application. A copy of the said document is

annexed hereto as Annexure P-11.

13-03-2018 In furtherance of the 2nd claim the

complainant was tendered the text seeking

the IMIEI no. of the Mobile phone seeking

claim by the Respondent No 1. A copy of

the said document is annexed hereto as

Annexure P-12.

______ The complainant tendered Legal Notice to

the Respondent No.1 against non-

compliance of the request of the

complainant for the updation of the IMEI

no and 2nd claim. A Copy of the said

document is annexed hereto as Annexure

P-13.
MOST RESPECTFULLY SHOWETH:

1. The complainant booked the mobile phone i.e. Xioami

___ and also opted for Mi Protect (Protection against

liquid and physical damage) which is evident from the

Annexure P-1.

2. The Respondent No. 2 had drawn a Tax Invoice in

favour of the complainant which is evident from the

Annexure P-2.

3. The complainant registered its 1st claim against the Mi

Protect Plan (Protection against liquid and physical

damage) with the Respondent No. 1 which was

acknowledged by the Respondent No.1 and which is

evident from the Annexure P-3.

4. The Respondent No 1 duly furnished the mobile

phone after getting it serviced from the service centre

as per the contractual obligation under the Mi protect

( protection against liquid and physical damage )

which is evident from the Annexure P-4.

5. The complainant furnished an email to the

Respondent No 1 for updating the IMEI no which got

changed when the mobile phone was serviced by the

 Respondent no 1 during the settlement of the 1st

claim which is evident from the Annexure P-5.

6. The Complainant furnished the images of the

handset reflecting IMEI and Invoice of the Mobile

Phone which was demanded by the Respondent No.1

which is evident from Annexure P-6.

7. The complainant furnished 4 Images of Mobile from

all sides (Left, right, back and front with IMEI Number

by dialing *#06#) with the Invoice Copy to change the

IMEI number as demanded by the Respondent No.1

which is evident from Annexure P-7.

8. The complainant furnished the invoice of the mobile

phone to the Respondent No. 1 as demanded by the

latter which is evident from Annexure P-8.

9. The Respondent No. 1 since inception of the request

made by the complainant intended not to update the

IMEI No. with a clandestine motive as they wanted to

evade the 2nd claim on the ground that the mobile

phone details registered with the respondent No.2

doesn’t match with the Mobile phone of the

complainant.

10. The Respondent No. 1 started harassing the

complainant by demanding for the second time the

 full handset images with IMEI no. reflecting on the

screen and 2 sides of panel and backside image of the

mobile phone to which the complainant replied that

he already have submitted it which is evident from the

Annexure P-9.

11. The complainant was tendered with an E-mail

by the Respondent No. 1 to furnish the replacement

letter reflecting the IMEI number to update the IMEI

number which is evident from Annexure P-10. It is

pertinent to mention that the replacement letter was

never furnished to the complainant and demanding a

document which is not available with the complainant

and making it a condition precedent on account of

updating the IMEI No. is the unfair trade practice

+which was done by the Respondent No.1.

12. The complainant made the 2nd claim against Mi

Protect (protection against liquid and physical

damage) via mobile application to the Respondent

No.1 which is evident from the Annexure P-11.

13. The complainant felt betrayed by the behavior of

the Respondent No. 1 which is deficiency in the

service as in furtherance of the 2nd claim the

complainant was tendered the text seeking the IMEI

no. of the Mobile phone seeking claim by the

Respondent No 1. Which is evident from Annexure P-

 12. It is pertinent to mention that the IMEI no. of the

Complainant was changed during the settlement of

the 1st claim wherein the phone was serviced in the

service centre by the Respondent No. 1.

14. The complainant tendered Legal Notice to the

respondent No. 1 for non-compliance of the request

made by the complainant regarding updation of IMEI

no. and 2nd claim which turns to be deficiency in

service by the Respondent No. 1 which is evident from

the Annexure P-13. It is pertinent to mention that the

Respondent No. 1 did not reply the Legal Notice.

15. The cause of action arose when the Respondent

No. 1 did not processed the 2nd claim of the

complainant and also when the Legal Notice was not

replied by the Respondent No. 1.

16. The Hon’ble District Forum has the territorial as

well as the pecuniary jurisdiction to entertain the

complaint of the complainant.

17. The present complaint is filed within the time

period ascertained in the Consumer Protection Act,

1986.
 PRAYER

Wherefore, it is most humbly prayed that this Hon’ble may

graciously be pleased

a) To Order the Respondents to settle the 2nd claim of the

complainant or to revert back the amount of the Mi

protect (Protection against Liquid and physical

damage) with 18% interest and the amount of money

which will be spent on the repair of the mobile phone

from the authorized service center.

b) Grant compensation on account of mental harassment and

dispute expenditure.

c) Such further order as may be deemed just and expedient in

the circumstances of the case may very graciously be passed

in the interest of justice.

FILED BY

Filed on: ____-____-2018

New Delhi

(Sharjeel Ahmad)

Complainant
BEFORE THE HONBLE CONSUMER DISTRIC FORUM, NEW
DELHI
Case No……………./2018
IN THE MATTER OF:
Sharjeel Ahmad …… Complainant
Versus
OneAssist & Anr. ……Respondents
I, Sharjeel Ahmad, S/o S. Kafeel Ahmad, aged about 21 Years,
R/0 B.R.A. Hostel, Jamia Millia Islamia, City and PS – New Delhi,
Jamia Nagar Police Station, presently at New Delhi, do hereby
solemnly affirm and state on oath as under:
1. That I am the appellant in the aforesaid matter and am well
conversant with the facts and circumstances of the case and
hence competent to swear the instant affidavit.
2. That the contents of the accompanying appeal under
consumer Protection Act 1986, have been read over and
explained to me in my own vernacular language which I
have understood and state that same are true and correct to
the best of my knowledge and belief.
3. That the Annexures annexed to the petitioner are true and
are correct copies of their respective originals forming part
of the record of the courts below.

DEPONENT
VERIFICATION
I, the deponent above named, do hereby verify that the
contents of para 01 to 03 of the aforesaid affidavit are true
and correct to the best of my knowledge and belief. None of
the part is false and nothing material has been concealed
there from.
Affirmed on this ___ day of May 2018 at New Delhi.

DEPONENT