BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.

                                                          Consumer complaint no. 309 of 2016.      

                                                          Date of Institution:          05.12.2016.

                                                          Date of Decision:     30.1.2017           

Sudesh Kumar son of Sh. Ram Murti, resident of village Nathusari Kalan, District Sirsa. M. No.9812707018. 

                                                                        ………Complainant.

                                      Versus

1. Apps Daily Solutions Pvt. Ltd., M.C Market Shop No.67, Sirsa, Distt. Sirsa 70275-96216, 70275-96220.

2. Apps Daily Solutions Pvt. Ltd., D/3136-39, Oberoi Garden Estates, Chandivali Farm Road, Andheri East, Mumbai, 400 072.  

                                                                              ……… Opposite parties.

          Complaint under Section 12 of the Consumer Protection Act, 1986.

   Before:              SHRI S.B.LOHIA…………………PRESIDENT

                             SHRI RANBIR SINGH PANGHAL ……MEMBER.

Present:                  Shri Sudesh Kumar, complainant in person.

                             Opposite parties exparte.         

ORDER

                   In brief, case of complainant is that he had purchased a mobile Samsung Note 3 bearing IMEI No.351540061431110 from Unique Sale Corporation, Sirsa for a sum of Rs.27,400/- on 19.5.2015. At that time, the complainant also got insured his mobile in the said shop from Apps Daily Solutions Pvt. Ltd. and paid an amount of Rs.2,000/- in lieu of insurance for a period of one year.  Then due to breakage of display of mobile, the complainant handed over the mobile to op no.1 on 10.5.2016 and op no.1 told him that mobile will be replaced within 15 days. Since then complainant has made about 20 rounds to the care centre after gap of 10/15 days and has also contacted at the care centre for several times but he is not being listened and matter is being postponed till date. The mobile was handed over to op no.1 when its display was broken within period of insurance but despite that mobile has not been handed over to him after repair. Hence this complaint.

2.                Notice of the complaint was issued to the ops but they did not appear and were proceeded against exparte.

3.                The complainant has tendered his affidavit Ex.C1, copy of bill dated 19.5.2015 Ex.C2, copy of job sheet dated 10.5.2016 Ex.C3, copy of driving licence Ex.C4.

4.                We have heard complainant and have gone through the case file carefully.

5.                The facts pleaded by the complainant are unrebutted and unchallenged as the opposite parties did not bother to appear before this Forum rather opted to be proceeded against exparte. The complainant in support of his averments has tendered his affidavit Ex.C2, copy of bill Ex.C2 and copy of job sheet dated 10.5.2016 Ex.C3. Thus, we have to rely upon the case of the complainant.  Keeping in view the fact that mobile in question was purchased on 19.5.2015 for a sum of Rs.27,400/- and was got insured by the complainant on the same day from the ops by paying premium amount and same went out of order on 10.5.2016 due to breakage of its display, therefore, present complaint is hereby allowed with the direction to the opposite parties to hand over the mobile in question to the complainant after repair of the mobile with replacement of defective parts, if any free of costs within a period of one month from the date of receipt of copy of this order.  A copy of this order be supplied to the parties free of costs.  File be consigned to record room.

Announced in open Forum.                                            President,

Dated:30.1.2017                    Member.                 District Consumer Disputes

                                                                             Redressal Forum, Sirsa.