Delhi

North East

CC/366/2016

PRADEEP KUMAR - Complainant(s)

Versus

Apps Daily Solution - Opp.Party(s)

08 Sep 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.366/16

 

 

In the matter of:

 

		Shri Pradeep Kumar S/o Jagveer Singh R/o C-532, Street No. 2, Nagar Road, Gokulpur Village, Delhi-110094.		Complainant
		Versus
	1       2	Apps Daily Solution Pvt Ltd 29 2nd Floor, Veer Sawarkar Block Shakarpur, Main Vikas Marg, Delhi.   Apps Daily Solution Pvt. Ltd D-3137, Oberoi Garden Estate, Chandivali Form Road, Andheri (E), Mumbai-400072.		Opposite Parties
			DATE OF INSTITUTION:		28.12.2016
			JUDGEMENT RESERVED ON :		07.09.2017
			DATE OF DECISION      :		08.09.2017

 

N.K.Sharma, President:-

Ms.Harpreet Kaur Charya, Member:-

Order by Ms. Harpreet Kaur Charya

ORDER

1. Present complaint has been filed by Sh. Pradeep Kumar against Apps Daily Solution, OPs alleging deficiency in service. The facts of the complaint are that the complainant purchased a Panasonic ELUGA Mark handset on 31th January 2016 for Rs. 11,500/- and got it insured. It is stated that                         on 7.11.2016, the complainant lodged his claim with OP and                                  on 1^st December 2016, handed over the said handset to OP1. It is further stated that on 16^th December 2016 the complainant received a call from OP where, he was informed that the said handset could not be repaired due to the reason that it was tampered or repaired by unauthorized service centre due to which the power button was missing from the said handset. The complainant has stated that at the time of handing over the handset to OP1 the power button was there thus, company was liable to settle his claim. Hence, the present complaint praying for directions to OPs to refund                  Rs. 11,500/- cost of the handset and Rs. 50,000/- as defamation and                   Rs. 30,000/- as litigation expenses.

Jobsheet dated 01.12.2016, retail invoice dated 31^st January 2016, Cover of Apps Daily Mobile Protection have been annexed with the complaint.

2. Notice of present complaint was served upon OPs however, they failed to file any reply and subsequently they were proceeded Ex-parte.
3. Complainant filed his Ex-parte evidence where he reiterated the contents of complaint and stated that as per terms and condition he was promised repairs within 10 days. It was also stated that there was physical damage in the handset due to accident but OP has denied to repair the same.
4. We have heard the complainant and have perused the material placed on record.
5. The complainant has placed on record the jobsheet issued by OP1 as well as the cover of Apps Daily Solution-OP2. When OP2 has promised to indemnify for loss due to physical damage as well as promised a 10 days replacement or repair guarantee then they cannot evade their liability by giving flimsy excuse that the said handset was tampered or attempted to be repair from elsewhere.
6. Hence, we hold OPs guilty of deficiency in service and direct them to repair the said handset within 30 days from the date of order. We also award              Rs. 5,000/- as compensation for harassment and mental agony inclusive of litigation expenses, OPs shall be jointly and severally liable to pay the said compensation.
7. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.

10.       File be consigned to record room.

(Announced on  08.09.2017)         

 

(N.K. Sharma) President

(Harpreet Kaur Charya) Member