Punjab

Sangrur

CC/448/2017

Priya - Complainant(s)

Versus

Apple Bite Communications - Opp.Party(s)

Sh.S.S.Ratol

21 Nov 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

 

                                                               

                                                Complaint No.  448

                                                Instituted on:    06.09.2017

                                                Decided on:       21.11.2017

 

Priya wife of Sahil Garg son of Jugal Kishore Garg, R/O Thalesh Bagh Colony,  Sangrur.

                                                        …Complainant

                                Versus

1.             Apple bite Communications, through its Manager Mr. Wasim Sheikh, Shop No.1, Near Shantadurga Temple, Naikawaddo, Calanagute, Bardez (Goa) 403516.

2.             Mr.Tofique Sheikh, M.D. Apple Bite Communications, Shop No.1, Near Shantadurga Temple, Naikawaddo, Calanagute, Bardez (Goa) 403 516.

                                                        …Opposite parties

 

For the complainant  :               Shri S.S.Ratol, Adv.

For OPs                    :               Exparte.

 

Quorum:   Sukhpal Singh Gill, President

                Sarita Garg, Member

                Vinod Kumar Gulati, Member   

 

 

Order by : Sukhpal Singh Gill, President.

 

1.               Smt. Priya, complainant (referred to as complainant in short) has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that one apple iphone 6s rose gold having memory of 64 GB bearing serial number SF17RFGZZGRYF was purchased by Pankaj Goyal, the real brother of the complainant. Being his real sister, namely, Priya as such the said iphone was given as a gift to the complainant by Shri Pankaj Goyal,  as such, the complainant is using the mobile set being beneficiary of the said iphone.  Further case of the complainant is that on 15.12.2016 the complainant approached the Ops due to the liquid damage of the mobile set in question. Further case of the complainant is that the OP charged an amount of Rs.1800/- as service charges vide bill number 101 dated 15.12.2016, but the iphone sets were declared as dead and not repairable.  Further case of the complainant is that on 21.12.2016, the complainant approached Unicorn Info solution Pvt. Ltd. Patiala i.e. the authorised service station for exchange as per the policy of Apple, but the mobile set was returned on the ground that the same are tampered/unauthorised and the serial number does not match.  Thereafter the complainant sent a legal notice dated 23.12.2016 to the OP, but nothing happened.  Further case of the complainant is that the Ops even charged an amount of Rs.23,000/-, which were paid by the complainant, but to the great surprise of the complainant, the Ops sent the mobile set having memory of 16 GB instead of 64 GB, as such the complainant has prayed that the Ops be directed to replace the iphone 6s set with 64 GB memory and to return the amount of Rs.23,000/- along with interest @ 18% per annum and further claimed compensation and litigation expenses.

 

2.               Record shows that the Ops did not appear despite service, as such, they were proceeded exparte.

 

3.               The learned counsel for the complainant has produced Ex.C-1 copy of retail invoice, Ex.C-2 and Ex.C-3 copy of acknowledgement, Ex.C-4 copy of courier receipt, Ex.C-5 and Ex.C-6 copies of cash memo, Ex.C-7 copy of delivery report, Ex.C-8 copy of bank receipt, Ex.C-9 and Ex.C-10 copies  of legal notices, Ex.C-11 and Ex.C-12 copies of postal receipts, Ex.C-13 phone call detail, Ex.C-14 copy of SMS detail and Ex.C-15 affidavit and closed evidence.

 

4.               We have carefully perused the complaint and heard the arguments of the learned counsel for the complainant. In our opinion, the complaint merits acceptance, for these reasons.

 

5.               Ex.C-1 is the copy of the invoice showing the purchase of the Apple iphone 6s 64GB for Rs.58,000/- by Pankaj Goyal, who presented the iphone as a gift to the complainant, as such we feel that the complainant being the beneficiary of the mobile set is a consumer of the OPs.  It is also not in dispute that the said mobile was handed over to the Ops on 15.12.2016 by the complainant due to liquid damage as the opposite parties are working as authorised service station of Apple company. It is further contended by the learned counsel for the complainant that despite receipt of the amount of Rs.23,000/- from the complainant on 21.2.2017, vide receipt Ex.C-8, the OPs supplied to the complainant the mobile set having 16 GB against 64 GB.  It is worth mentioning here that the Ops chose to remain exparte and did not contest their case nor denied the allegations of the complainant.  On the other hand, the complainant has produced sufficient evidence on record to prove his case such as copies of the legal notices Ex.C-9, and Ex.C-10 served upon the Ops, but the Ops did not reply the same nor denied the allegations levelled by the complainant. As such, we are of the considered opinion that ends of justice would be met if the Ops are directed to replace the iphone 6S in question having 16 GB memory with the iphone 6S set with 64 GB memory.  

 

6.               Accordingly, in view of our above discussion, we allow the complaint of the complainant and direct OPs to replace the iphone 6s in question having 16 GB memory with the iphone 6s set with 64 GB memory.  The OPs shall also pay to the complainant an amount of Rs.10,000/- in lieu of compensation for mental tension, agony, harassment and  litigation expenses.

 

7.               This order of ours be complied with within a period of thirty days of its communication. A copy of this order be issued to the parties free of cost. File be consigned to records.

                Pronounced.

                November 21, 2017.

                                                (Sukhpal Singh Gill)

                                                     President

                               

 

                                       

                                                     (Sarita Garg)

                                                         Member

 

 

 

                                                (Vinod Kumar Gulati)

                                                        Member