DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM

WEST TRIPURA : AGARTALA

 

CASE NO:  CC-   53  of   2017

 

Sri Pritam Debnath,

S/O- Sri Chandan Kumar Debnath,

Dhaleswar Road No.2,

Agartala, P.O. Dhaleswar,

West Tripura. …..….…...Complainant.

 

          VERSUS

 

    1. APPSDAILY SOLUTIONS PVT. LTD.,

Shop No. 202, D Wing,

Shanti Shopping Centre, 

Mira Road EAS, Near Rail, 

Mumbai MH-401107.

 

     2. MAA ELECTRONICS,

161, H.G.B. Road, 

Opp. Mahila Commission, 

Melarmath, Agartala, 

West Tripura.

 

     3. Gionee India HQ,

E-9, Block No.B-1,

Ground Floor,

Mohan Co-operative Industrial Estate,

Mathura Road, 

New Delhi-110044.

 

     4. Surobind Express Agartala(Courier),

161, H.G.B. Road,

Melarmath, Agartala, 

West Tripura.

 

     5. APPSDAILY DISTRIBUTOR AGARTALA,

Mr. Tapan Laskar,

Office- Joynagar,

Near Fire Service, Agartala,

Tripura West. ..........Opposite parties.

 

      __________PRESENT__________

 SRI A. PAL,

PRESIDENT,

  DISTRICT CONSUMER 

 DISPUTES REDRESSAL FORUM,

      WEST TRIPURA, AGARTALA. 

 

SMT. Dr. G. DEBNATH

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

SRI U. DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

C  O  U  N  S  E  L

 

 

For the Complainant : In person.

 

 

For the O.Ps : None Appeared.

 

 

 

JUDGMENT  DELIVERED  ON: 29.08.2017.

 

 

J U D G M E N T  

 This case arises on the petition filed by one Pritam Debnath U/S 12 of the Consumer Protection Act. Petitioner case in short is that he purchased one Gionee N5 mobile set from the shop 'Maa Electronics'.  He purchased the mobile phone for Rs.28,000/- and Insurance premium was paid. One year warranty service was issued. Insurance premium Rs.2500/- was also paid by him. On 17th February 2016 within the warranty period the mobile fell down and got cracked. On the next day petitioner claimed the insurance online from Apps Daily Insurance. Made communication. Sent Email also made contact with the Seller, Maa Electronics. Nobody helped him. Therefore, he claimed the cost of the mobile, Insurance premium also Rs.10,000/- for mental agony and sufferings.

 

Notice sent to Maa Electronics. They received but did not appear.

Notice sent to Appsdaily Solution Pvt., Mumbai, Gionee India by post. 

Notice was also sent to the distributor, Tapan Laskar. He also did not appear as he was not found in the address given.

Exparte evidence was recorded. 

We have gone through the exparte evidence. Cash memo, warranty card, declaration and Email sent by the petitioner. 

 

On the basis of all these documents and evidence we shall now decide the case.

From the exparte evidence it is clear that Pritam Debnath, petitioner purchased the mobile set on payment of Rs.28,000/- from Maa electronics on 03.06.16. Insurance coverage was also taken by him by payment of Rs.2500/- to the Apps Daily, O.P. No.1 and 5. Mobile was affected by fall within the warranty period. As it has insurance coverage insurance company is to repair it or replace it. Accordingly he sent mail. Also received the reply from the Apps daily. After giving some reply Apps Daily stopped contact. The distributor, Tapan Laskar did not cooperate and render no help. Maa Electronics the Seller also did not render any help to the petitioner. Gionee India and Surobindh Express, courier had no fault at all as the mobile phone has no manufacturing defect. We find Apps Daily, its distributor and O.P. No.5 Maa Electronics being seller did not take any step for giving redress to the petitioner. Mobile was not working since 17.02.17 within the warranty period it fell down. Petitioner stated that he contacted with the company online. Complaint was registered. Insurance Company charged Rs.1500/- as service charge and it was also paid. Company asked him to send the mobile and accordingly he dispatched the mobile in the address given. Surobindh Express sent it and Insurance company received it and promised to dispatch after repair but till date it is not despatched. We consider that Apps Daily Insurance company who took back the mobile phone is responsible for repairing or replacement. For unfair trade practice and deficiency of service  petitioner suffered. We therefore direct O.P. No.1, AppsDaily Solutions Pvt. Ltd. and O.P. No.5, Apps Daily Distributor Agartala to pay the price of the mobile set Rs.28,000/- and also Rs.7000/- for its deficiency of service. Total Rs.35,000/-. O.P. No.1 and 5  is directed to pay the amount to the petitioner. O.P. No. 2, Maa Electronics, being the seller did not render its service. Proper help not given. For their deficiency of service they are also directed to pay Rs.5,000/-, in total petitioner is entitled to get Rs.40,000/-. 

 

We direct the O.P. No.1 and O.P. No.5 to pay Rs.35,000/-(Rupees Thirty Five Thousand) and O.P. No.2, Maa Electronics will pay Rs.5,000/-(Rupees Five Thousand). Payment is to be made within one months, if not paid it will carry interest @ 9% P.A.

 

Announced.

 

 

 

 

 

SRI A. PAL

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL FORUM,

WEST TRIPURA,  AGARTALA.

 

 

 

 

SMT. DR. G. DEBNATH,

MEMBER,

 DISTRICT CONSUMER DISPUTES 

REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA SRI U. DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.