DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: BHADRAK
Dated the 12th day of November, 2018
Present 1. Shri Raghunath Kar, President
2. Shri Basanta Kumar Mallick, Member
3. Afsara Begum, Member
C.D Case No. 115 of 2016
Deepak Kumar Sahoo
S/o Budhadev Sahoo,
Vill: Erein,
Po: Charampa,
Ps: Bhadrak (R),
Dist: Bhadrak
……………………. Complainant
(Versus)
1. Apps Daily Solution Pvt. Ltd.
D 3137-39 Oberoi Garden Estates,
Chandivali Farm Road, Andheri (East),
Mumbai- 400072
2. Apps Daily Solution Pvt. Ltd. Service Center, Bhadrak
1st Floor, Near Panda Dental Clinic, Bhadrak,
Po/Dist: Bhadrak
3. Proprietor, New Kids World, Neheru Market,
Town Hall Chhak, Bhadrak
…………………………..Opp. Parties
Advocate For the Complainant: Sri S. Mishra & Others
Advocate For the O.Ps: Ex-parte
Date of hearing: 11.10.2017
Date of order: 12.11.2018
SRI RAGHUNATH KAR, PRESIDENT
That, the complainant has alleged against the O.Ps having aggrieved with their deficiency in service caused towards him. That the complainant purchased a mobile handset from the shop of OP No. 2 on 20.10.2015. The said handset is if the SAMSUNG company and of G925 model with 64 GB. Its price is Rs 49,251.00/- and the complainant had to pay a total sum of Rs 55,900/- including VAT charges. The retail invoice is filed herewith and forms a part of this complaint petition. The mobile number is 9776041090. That along with the same, the complainant was made to have the handset insured with OP No. 1 to cover accidental liquid damages among others. The hand book on the said cover is filed along with this complaint and do form a part of this complaint. The complainant was made to understand that the event of any eventuality relating to the claim of insurance, he has to meet OP No. 2 service center. The complainant met a road accident in which the above insured mobile set got liquid damage. The complainant then contacted OP No. 2 on 5th July, 2016 and deposited the hand set. OP No. 2 issued a receipt in token of the same and the same is filed along with this complaint to be taken as a part of the complaint petition. The complainant then contacted OP No. 2 & 3 they informed that they have sent the same to the office OP No. 1 and sooner the information is received, they would intimate the complainant by E-mail. Even though more than four months have passed since then, O.Ps have not intimated anything on the matter.
The O.Ps have failed to provide service to the complainant that amounts to deficiency of service. The O.Ps are either to make necessary repairs to the above mobile handset or substitute with a new handset. They are also liable to pay compensation and damages for causing mental agony.
Hence the complainant has sought for the following reliefs:-
1. That the O.Ps be directed to substitute a mobile handset of the same model to the complainant.
2. In the alternative, the O.Ps are to make payment of Rs 55,900/- (Fifty five thousand and nine hundred rupees) only to the complainant towards the price paid for the handset in question.
3. That the O.Ps be directed to pay a sum of Rs 25,000/- (Twenty five thousand only) towards damages for loss of date.
4. That the O.Ps be directed to pay a sum of Rs 20,000/- (Twenty thousand only) for causing deficiency of service and mental agony.
5. That the complainant be awarded costs of this litigation from the O.Ps.
6. That all the O.Ps be made jointly and severally liable for the above.
The complainant has filed the following documents in the shape of Xerox copies:-
1. Retail invoice of New Kids World on dt. 20.10.2015- 1 sheet.
2. Job sheet on dt. 05.07.2016- 1 sheet.
3. Apps Daily Registration on 20.10.2015- 2 sheet.
OBSERVATION
We have already perused the complaint as well as the documents and the documents filed by the complainant. The O.Ps have neither appeared nor filed written versions on behalf of them. The absence and silence of the O.Ps creates some ambiguity is in the mind of the learned Forum. The complainant has made out his case clearly and he has vividly described what sort of deficiency of service has been caused against him by the O.Ps. As the complainant has purchased the mobile handset from the OP No. 2 on dt. 20.10.2015. The said handset was cost Rs 55,900/- as the total amount including vat charges which belongs to G925 model with 64 GB, with the trade mark of SAMSUNG Company. The number of the said mobile is 9776041090 which has been insured with the OP No. 1 to cover accident liquid damages and others. The complainant was also convinced that the event of any claim of the insurance, he has to meet OP No. 2, service center. The complainant made contact with the OP No. 2 & 3 and informed about this incident but they have replied that they have already informed the matter to the OP No. 1. The complainant has received the reply that the O.Ps would informed him by E-mail. The complainant has faced much more inconveniences and suffered irreparable loss in his business. Still then the O.Ps have not turned to make any remedy. So obviously the O.Ps have caused deficiency in their services. The silence and non appearance of the O.Ps implies that they have neglected in their duty. Hence they have been set ex-parte. Hence it is ordered;
ORDER
The complaint be and the same is allowed against the O.Ps ex-parte. All the O.Ps are directed to substitute a mobile handset of the same model or alternatively the O.Ps are also directed to pay Rs 55,900/- only to the complainant towards the price paid for the handset. The O.Ps are also directed to pay Rs 5,000/- towards the loss of data incorporated in the said mobile. The O.Ps are further directed to pay Rs 3,000/- for compensation causing for deficiency of service and Rs 2,000/- towards cost of the litigation, to the complainant. The O.Ps are directed to carry out of this order 30 days from the date of receipt of the same.
This order is pronounced in the open Forum on this day of 12th November, 2018 under my hand and seal of the Forum.
