DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                                                                   Complaint no. 695                                                                                       

                                                                    Instituted on:  14.12.2016

                                                                   Decided on:    03.04.2017

Harpreet Sharma aged 27 years son of Jagdish Ram resident of village Rajomajra, Tehsil Dhuri, District Sangrur.   

                                                …. Complainant.      

Versus

1.       Apps Daily Solutions Pvt. Limited D-3137 Oberoi Garden Estates, Chandivali Farm Road, Andheri (E) Mumbai 400 072 through its Office Signatory.

2.       Apps Daily Solutions Pvt. Limited Near CL Tower, Sangrur through its Office Signatory.

3.       Apps Daily Solutions Pvt. Limited Shop No.315, C Wing, Shanti Shopping Center, Mira Road, Opp. Railway Station, Mumbai ( 401 107) through its office signatory.  

        ….Opposite parties.

FOR THE COMPLAINANT:        Shri Saurav Garg Advocate                          

FOR THE OPP.  PARTIES  :        Exparte         

Quorum

                    Sukhpal Singh Gill, President

Sarita Garg, Member

Vinod Kumar Gulati, Member

ORDER:  

Sukhpal Singh Gill, President

1.             Harpreet Sharma complainant has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that he purchased  Samsung J7  mobile phone from Shivam Electronic Patiala on 01.01.2016  and  same was got insured from OPs  by paying an amount Rs.1249/- in cash for the period from  01.01.2016 to 31.12.2016.  On 06.10.2016  the complainant was roaming in his agricultural land/ farm at about 07:00 pm  and at that time  the fields  of rise were watered then all of sudden the foot of the complainant slipped due to water and the phone of the complainant fell into water and due to that reason, the phone of the complainant got damaged. The complainant  then on 15.10.2016 submitted his claim with OP no.2 for replacement/ reimbursement for loss of phone. The OPs at that time charged Rs.745/- from the complainant in cash   and issued job sheet to the complainant   . Thus, alleging deficiency in service on the part of OPs, the complainant has sought following reliefs:- 

i)      OPs be directed to make the payment of Rs.13600/- along with interest @12% per annum from the date of deposit till payment,

ii)     OPs be directed to pay to the complainant a sum of Rs.5000/- as compensation   on account of mental agony, harassment,

iii)     OPs be directed to pay Rs.2200/- as litigation expenses and Rs.3300/- as counsel fee.

2.             Notices were issued to the OPs but despite service OPs did not appear and were proceeded exparte.

3.             In exparte evidence, the complainant has tendered documents Ex.C-1 to Ex.C-3 and closed evidence.   

4.             From the perusal of documents placed on the file and after hearing the arguments of the learned counsel for the complainant, we find that on the request of OP no.1 the complainant opened the OTI bearing registration number 483910 for 24 months for Rs.10,000/- on 14.07.2014 with OP no.1 and  after maturity period the OPs had to pay an amount of Rs.13600/-  which is evident from policy document Ex.C-2. On 31.08.2016 the complainant submitted all documents with OP no.1 but he had not yet received the amount till today

5.             The complainant has also produced on record  receipt/slip attested by the Notary Public on 28.10.2016 Ex.C-3 which shows that the complainant had deposited the required documents for release of the payment after maturity period with the OPs.  The said receipt/ slip is also duly signed and stamped by the OPs. We find that the record/ documents produced on the file clearly show regarding investment of said amount by the complainant with the OPs.  

6.             For the reasons recorded above, we allow the complaint of the complainant and direct the OPs to make payment of Rs.13600/- to the complainant along with interest @9% per annum from the date of maturity of the policy till realization. We further order the OPs to pay to the complainant a sum of Rs.3000/- as compensation on account of mental pain, agony and harassment and also to pay to the complainant a sum of Rs.1100/- as litigation expenses.

7.             This order of ours shall be complied with  within 60 days from the receipt of copy of the order.  Copy of the order be supplied to the parties free of charge. File be consigned to records in due course.                   Announced

                April 3, 2017

( Vinod Kumar Gulati )  ( Sarita Garg)       (Sukhpal Singh Gill)                                                                          

         Member                    Member                     President

BBS/-