Punjab

Sangrur

CC/446/2016

Neeraj Kalra - Complainant(s)

Versus

Chhabra Communication - Opp.Party(s)

Shri Neeraj Kalra

06 Oct 2016

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                                       

                                                        Complaint no. 446                                                                                         

                                                        Instituted on:   12.07.2016                       

                                                         Decided on:    06.10.2016

 

Neeraj Kalra son of Nanak Chand Kalra resident of # No.81, Patiala Gate, Sangrur.

                                                …. Complainant

                                Versus

1.       Chhabra Communication through its Proprietor situated at Near Bus Stand Sangrur.

2.      AppsDaily Solutions Pvt. Limited through its Managing Director Office D3137 Oberoi Garden Estates, Chandivali Farm Road, Andheri (E) Mumbai 4000072.

3.     AppsDaily Solution Pvt. Limited ( Customer Support Center of AppsDaily) Situated at Kishanpura Road, Near C.L.Tower, Sangrur.   

                                              ….Opposite parties.

FOR THE COMPLAINANT      :     In person.                           

 

FOR THE OPP. PARTIES         :     Exparte                         

 

 

Quorum

         

                    Sukhpal Singh Gill, President

K.C.Sharma, Member

 

     

ORDER:  

 

Sukhpal Singh Gill, President

 

1.             Neeraj Kalra, complainant has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that he purchased a mobile set of Intex Company Model Intex Aqua 4G from OP No.1 for Rs.6800/- which was also  insured by the OP no.1 on behalf of the  OPs no.2&3 and complainant paid Rs.800/-  as insurance premium to OP no.1. On 15.06.2016, the display/ panel touch of the  mobile set  was broken and  back panel was also cracked and scratches came on the back cover  for which the complainant approached the OP no.1 who advised to approach the OP no.3. The complaint of the complainant was registered vide ADN No.180616-197705808. On 21.06.2016, the complainant visited the OP no.3 who charged Rs.500/-  and told the complainant to collect the same on 1.7.2016. Thereafter the complainant approached the OP n.3 on 1.7.2016 and 4.7.2016 but the mobile set was not given to the complainant. Thus, alleging deficiency in service on the part of OPs, the complainant has sought following reliefs:-

i)      OPs be directed to return  the  mobile set along with compensation  or return money of the mobile set along with interest @18% per annum and also to return  Rs.500/- which was charged from  complainant,  

ii)     OPs be directed to pay to the complainant a sum of Rs.80000/- as compensation   on account of mental agony, harassment,

iii)   OPs be directed to pay Rs.5500/- as litigation expenses.

2.             Notices were issued to the OPs but despite service OP no. 1 did not appear and as such OP no.1 was proceeded exparte on 24.08.2016. The OPs No.2 and 3 had appeared through Shri Sunder Singh authorized agent on 24.08.2016 who requested for a date for filing reply. On his request  case was adjourned to 01.09.2016 for filing reply but on 01.09.2016 none appeared for the OPs No.2 and 3 and as such OPs no.2 and 3 were also proceeded exparte .

3.             The complainant in his exparte evidence has tendered documents Ex.C-1 to Ex.C-5 and closed evidence.

4.             In the instant case, it has been alleged by the complainant that  he purchased a mobile set of Intex Company Model Intex Aqua 4G from OP No.1 for Rs.6800/- which was also  insured by the OP no.1 on behalf of the OPs no.2&3 and complainant paid Rs.800/-  as insurance premium to OP no.1. On 15.06.2016, the display/ panel touch of the  mobile set  was broken and  back panel was also cracked and scratches came on the back cover  for which the complainant approached the OP no.1 who advised to approach the OP no.3 and thereafter  complaint of the complainant was registered vide ADN No.180616-197705808. On 21.06.2016, the complainant visited the OP no.3 who charged Rs.500/- and told the complainant to collect the same on 1.7.2016. Thereafter the complainant approached OP n.3 on 1.7.2016 and 4.7.2016 but the mobile set was not given to the complainant till today.

5.             To prove his case, the complainant has produced on record retail invoice dated 5.4.2016 Ex.C-2, job sheet dated 21.06.2016 showing the receipt of mobile set in dispute and charging of Rs.500/-Ex.C-3, booklet of the OPs no.2 and 3 Ex.C-4 and copy of envelope Ex.C-5. All these documents fully prove the case of the complainant. The complainant has specifically stated in his complaint that he got his mobile set insured from the OPs no.2 and 3 through the OP no.1 and paid premium amount of Rs.800/- to the OP No.1. As such, we feel that it is also duty of the OP no.1 to take proper/ appropriate steps to redress the grievance of the complainant but in the present case the OP no.1 has not come forward to say anything rather it chosen to remain exparte. So, we are of the considered opinion that the OP no.1 is also guilty of deficiency in service. The OPs no.2&3 have also not come forward to contest the case of the complainant rather they chosen to remain exparte. As such, the evidence/ document produced by the complainant on record has gone unrebutted.

6.             In view of the above discussion, we find  merit in the present complaint and as such the same is allowed. Accordingly, we direct the OPs who are jointly and severally liable to return the mobile set in question to the complainant in proper working condition which is, as alleged, already lying with the OPs or in the alternative to return the price amount of the mobile set in question. The OPs are further directed to pay an amount of Rs.5500/- being compensation on account of mental pain, agony and harassment. The OPs are further directed to pay to the complainant an amount of Rs.500/- as litigation expenses.

7.             This order of ours shall be complied with within 30 days from 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

                        October 6, 2016

 

 

                ( K.C.Sharma)                            (Sukhpal Singh Gill)                                                                                                                                      Member                                      President

 

 

 

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