Haryana

Kurukshetra

55/2017

Shubham - Complainant(s)

Versus

Apps Daily - Opp.Party(s)

A.K.Goel

01 Mar 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KURUKSHETRA.

                                                     Complaint Case No.55 of 2017.

                                                     Date of institution: 06.03.2017.

                                                     Date of decision:01.03.2018.

Shubham S/o Sh. Brij Lal, aged 21 years, VPO Karasan, Tehsil Naraingarh, Distt. Ambala.

                                                                        …Complainant.

                        Versus

1. APP. Daily Solutions Pvt. Ltd., C Wing, 6^th Floor, Oberoi Garden Estates, Chandivali Farm Road, Andheri (E), Mumbai-400 072.
2. Mobile Point, Aggarsain Chowk, Mohan Nagar, Pipli Road, Kurukshetra through its owner.

….Respondents.

BEFORE     SH. G.C.Garg, President.

                Sh. Kapil Dev Sharma, Member.   

Present:     Sh. Ashwani Kumar Goel, Advocate, for complainant.   

                OPs exparte.

               

ORDER

                This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Shubham against Apps Daily Solutions Pvt. Ltd. and another, the opposite parties.

2.            It is stated in the complaint that the complainant purchased a mobile set model Apple I-Phone 6 (16 GB) bearing IMEI No.352032078997589 for a sum of Rs.32,000/- from the Op No.2 vide bill No.408 dt. 15.03.2016.  It is alleged that the complainant also paid Rs.3499/- to the Op No.2 for protection of his said mobile set against theft, damage, virus & data loss and purchased the said software from the Op No.1 through Op No.2 vide bill No.5780 dt. 15.03.2016 and a card of Op No.1 was also provided at that time wherein the toll free No.18002099060 was mentioned.  It is further alleged that on 07.02.2017, the said mobile set of complainant got damaged due to fall from the pocket and the screen was broken, thus the said mobile set stopped working.  The complainant tried to contact the Op No.1 for lodging the complaint on the toll free No.18002099060 but till 10.02.2017, the complainant was not able to register his complaint with the Op No.1.  It is further alleged that the complaint of complainant was registered on 13.02.2017, wherein the registration of complaint was acknowledged vide claim intimation No.AND 130217 197861186 and on 14.02.2017, the claim of complainant was repudiated.  So, it is a clear cut case of deficiency in service on the part of Ops and prayed for acceptance of complaint with the direction to Ops to pay Rs.32,000/- as cost of mobile set alongwith interest @ 18% p.a. and further to pay Rs.10,000/- as compensation for deficiency in service and Rs.10,000/- as compensation for harassment and mental agony as-well-as Rs.11,000/- as litigation charges. 

3.            Upon notice, the OP No.2 did not appear and opted to proceed  exparte vide order dt. 12.04.2017.  The complainant produced on record the affidavit, photo-stat copy of cash memo and receipt regarding the payment of Rs.3499/- to Op No.1.

4.             We have heard the ld. Counsel for the complainant and perused the record carefully and minutely.

5.             It is on record that the complainant got the mobile set insured from Op No.1 for the amount of Rs.3499/-.  However, the Op No.1 has failed to explain the circumstances in this regard. 

                So, in these circumstances, the complaint of complainant stands allowed and Op No.1 is directed to pay the insurance amount of Rs.32,000/- to the complainant.  The order; be complied within a period of 60 days, failing which, penal action under Section 27 of the Consumer Protection Act, 1986 would be initiated against the opposite party No.1.  File be consigned to record after due compliance.  Copy of this order be communicated to the parties.  

Announced in open court:

Dt.: 01.03.2018.  

                                                                        (G.C.Garg)

                                                                        President.

 

 

(Kapil Dev Sharma)         

                                        Member