Andhra Pradesh

Chittoor-II at triputi

CC/55/2017

D.Hariprasada Reddy, S/o D.Gopala Reddy - Complainant(s)

Versus

M/S Apps Daily Solutions Pvt. Ltd., rep. by its authorized signatory - Opp.Party(s)

A.Sudarsana Babu

01 Aug 2018

ORDER

Filing Date: 10.10.2017

Order Date:01.08.2018

 

 

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II,

CHITTOOR AT TIRUPATI

 

 

      PRESENT: Sri.T.Anand, President (FAC)

               Smt. T.Anitha, Member

 

 

 

WEDNESDAY THE FIRST DAY OF AUGUST, TWO THOUSAND AND EIGHTEEN

 

 

 

C.C.No.55/2017

 

 

Between

 

 

D.Hariprasada Reddy,

S/o. D.Gopala Reddy,

Hindu, aged about 45 years,

D.No.5-1, Telephone Colony,

Sai Nagar Gram Panchayat,

Tirupati,

Chittoor District,

Andhra Pradesh.                                                                               … Complainant.

 

And

 

 

M/s. Apps Daily Solutions Pvt. Ltd.,

Represented by its Authorised Signatory,

D-3137, Oberoi Garden Estates,

Chandivali Farm Road,

Andheri East,

Mumbai – 400 072.                                                                          …  Opposite party.

 

 

 

 

            This complaint coming on before us for final hearing on 19.07.18 and upon perusing the complaint and other relevant material papers on record and on hearing Sri.A.Sudarsana Babu, counsel for complainant, and opposite party remained ex-parte, and having stood over till this day for consideration, this Forum makes the following:-

ORDER

DELIVERED BY SRI. T.ANAND, PRESIDENT (FAC)

ON BEHALF OF THE BENCH

           

            This complaint is filed under Section –12(1) of C.P.Act 1986, seeking direction to opposite party, to provide a new handset of the same make or to pay an amount of Rs.15,990/- being the handset cost and Rs.1,749/- towards the amount paid for mobile protection, and to pay Rs.25,000/- towards damages and for mental agony undergone by the complainant along with the costs of the complaint.

            2. The complaint averments are as follows:-  The complainant purchased Samsung Galaxy J7 handset from Lakshmi Marketing, 13-3-397, Tilak Road, Tirupati, on 08.08.2016, vide bill No.S16/1831 for Rs.15,999/-. The opposite party introduced himself through his local agent having office at D.No.10-11-384/A, Doddapuram street, Tilak Road, Tirupati, and explained the services provided by the opposite party, to say comprehensive mobile protection from theft, burglary, liquid and physical damage, data loss and virus etc. Further, they promised replacement of  handset within 10 days. Having impressed by the opposite party assurance and information given, the complainant got registered his handset with opposite party on 08.08.2016. The opposite party also caused an email stating that the handset is safe in its hand and accordingly made assurance as promised in their brochure. The complainant lost his handset on 28.09.2016. Immediately he lodged a complaint and obtained endorsement dt:29.09.2016 from SHO, Tiruchanoor, stating that all possible efforts have been made to trace the lost mobile but they could not trace it and there are no chances of getting it in the near future. Accordingly, complainant sent a mail to the opposite party for which they replied through mail dt:29.09.2016 wherein assurance was given for best service to process the claim at the earliest and also gave claim intimation number. Another mail was given to complainant on 30.09.2016 requesting to submit original police intimation, original purchase invoice, original and photocopy of ID proof and as per the terms of the protection plan to carry a deductable amount of Rs.3,998/- which is 1/4^th of the invoice value to be paid in cash at the Apps Daily Connect Centre at Tirupati. Accordingly, complainant went to the local Apps Connect Centre at Doddapuram street and handed over all the required documents in original and further paid Rs.3,998/- at the Apps Daily Connect Centre, Tirupati. The local connect centre asked to collect the job sheet after two days. Even after lapse of 3 months, there was no positive response or even communication from the opposite party. Finally, opposite party caused a mail communication dt:14.01.2017 stating that they have tried to procure a good quality phone to replace the stolen handset and they would like to give an option by which the opposite party will pay Rs.11,130/-, so that the complainant can have a flexibility of buying a model of his own choice. Further, they requested to provide a cancelled cheque for reimbursing the amount and caused a mail tendering apology. When the complainant went to the local connect centre at Tirupati carrying a cancelled cheque, SBI main branch, Tirupati, bearing cheque No.984951, to his shock and surprise he learnt that the local connect centre was closed and they vacated the premises and their where abouts are not known. There was no response from the opposite party when the complainant intimated the same to opposite party address. Finally, the opposite party made a mail dt:06.03.2017 but there was no positive information in the mail. Thereafter, the complainant caused legal notice dt:07.08.2017 to the opposite party, but the same was returned without any endorsement. There is negligence and deficiency of service on the part of the opposite party in keeping their assurance of the protection plan. Hence, the complainant was constrained to file this complaint seeking the directions as indicated above.

            3.  On 23.04.2018, opposite party was set exparte since it failed to file written version though time was granted from 20.02.2018.

            4.  The complainant filed evidence affidavit in support of his claim and got marked Exs.A1 to A14.

            5.  The point for consideration is whether there is deficiency of service on the part of the opposite party as alleged by the complainant? If so, to what extent the complainant is entitled for the reliefs sought for in the complaint?

            6.  Point:-  In the written arguments, the complainant has contended that the opposite party gave assurance of comprehensive mobile protection plan with regard to handset purchased by the complainant from theft, burglary, liquid and physical damage, data loss and virus etc. The opposite party failed to stick to the assurance given by it as promised and thereby committed deficiency of service and as such the reliefs sought by the complainant can be granted.

            7.  As seen from the complaint averments and evidence affidavit, there were communication between the complainant and opposite party through mails with regard to theft of handset and that in one of the mails the opposite party promised to make necessary attempts to trace-out the handset but failed to do so. Further, the evidence affidavit disclose that the opposite party closed their business at the given address and vacated the premises and presently their where abouts are not known.

            8.  In order to prove that the complainant has purchased the handset, he filed Ex.A1 retail sales bill dt:08.08.2016, which shows that at a cost of Rs.15,990/- the handset was purchased by the complainant. In order to prove that the handset was lost, Ex.A2 is filed and it shows that on the complaint given by PW-1, the S.H.O., Tiruchanoor P.S., made an endorsement stating that all possible efforts were made to trace-out the handset but they failed and there are no chances to trace the same in near future. Ex.A3 is apps daily mobile protection platinum packing cover in original. Ex.A4 is email given by opposite party wherein it is stated that “Thank you for trusting us with protection of your most trusted gadget. Your mobile is in safe hands with us. Please find your product registration details below. The same details are sent on your registered mobile number as a confirmation”. Ex.A5 is another photocopy email sent by opposite party dt:29.09.2016 wherein it is stated that “We have received your claim request. Your claim intimation number is ATN_290916_197785698. We will verify your claim details and provide a confirmation of the claim intimation to you shortly. We may contact you for clarifications in this regard. Once you receive our confirmation email/SMS, you can visit the Apps Daily Connect Center with details as per further communication”. Ex.A6 is another email sent by opposite party dt:30.09.2016. Ex.A7 is another email sent by opposite party dt:14.01.2017 wherein they have stated that “Regarding your intimation ID ATN_290916_197785698 and your handset model SM-J710F, we have been trying to procure a good quality refurbished phone of your model handset from our sources but it is not readily available with us. Therefore, to settle this claim we would like to give you an option where Apps Daily will be paying your Rs.11,130/- of your handset’s current market value so that you can have the flexibility of buying a model of your choice. Request you to provide a cancel cheque for reimbursing the amount. With your agreement we would like to process this option for you”. Ex.A8 is photocopy of email sent by opposite party dt:21.02.2017 wherein it is stated that “We wish to inform you that the delay is due to non-availability of replacement handset with the brands. We are constantly following up with them and will send the handset as and when received by us. We will also notify our concerned team to prioritize your claim”. Ex.A9 is photocopy of email sent by complainant wherein it is expressed that “I got fully frustrated with your customer service and your management approach. It’s already been 5 months, I don’t want any headset or any other product from you. You just refund my money back within one week otherwise I am going to file a case against you and this is my final mail from my side”. Ex.A10 is photocopy of email dt:06.03.2017 making similar request as in Ex.A9. Ex.A11 is cancel cheque in original issued by complainant. Ex.A12 is legal notice dt:07.08.2017 issued by the complainant counsel wherein it is alleged that the opposite party acted negligently and thus committed deficiency of service in providing proper service to the complainant with regard to the stolen handset. It is demanded by the complainant to pay handset amount of Rs.15,990/- with fee collected by opposite party towards Apps Daily and further to pay Rs.15,000/- towards deficiency of service and another Rs.50,000/- as compensation for undergoing mental agony. Ex.A13 is returned registered post along with acknowledgement. Ex.A14 is original copy of scratch copy of Apps Daily Solutions Pvt. Ltd. bearing card Platinum-20K 6733555.  

            9.  We have perused the documentary evidence and evidence affidavit filed by the complainant. As already stated by us, the opposite party did not file any evidence affidavit nor they file any documents to prove that the allegations made by the complainant are false. The documentary evidence Exs.A1 to A14 overwhelmingly prove that the complainant is a consumer having purchased handset and paid fee for obtaining services of opposite party for complete protection plan of the handset from theft, burglary, liquid and physical damage, data loss and virus etc., and thus he is a consumer. The evidence of PW-1 therefore has to be believed in view of the evidence affidavit supported by documentary proof. We therefore conclude that the complainant successfully proved that there is deficiency of service on the part of opposite party and hence the complainant is entitled for refund of cost of the handset and some compensation. Accordingly this point is answered.

            10.  In the result, complaint is partly allowed directing the opposite party to pay Rs.15,990/- (Rupees fifteen thousand nine hundred and ninety only) being the handset cost and Rs.1,749/- (Rupees one thousand seven hundred and forty nine only) paid for mobile protection, in addition to Rs.5,000/- (Rupees five thousand only) as compensation towards damages and mental agony suffered by the complainant due to deficiency in service, and further the complainant is also entitled for a sum of Rs.3,000/- (Rupees three thousand only) towards costs of the complaint. The time for compliance of the order is 8 weeks. Failing to comply, the award amount of Rs.22,739/- shall carry interest at 9% p.a. from the date of this order, till realization.                             

Dictated to the stenographer, transcribed and typed by him, corrected and pronounced by me in the Open Forum this the 1^st day of August, 2018.

 

       Sd/-                                                                                                                      Sd/-                                     

Lady Member                                                                                               President (FAC)

 

 

APPENDIX OF EVIDENCE

 

Witnesses Examined on behalf of Complainant/s.

 

PW-1: D. Hari Prasad Reddy (Evidence Affidavit filed).

 

Witnesses Examined on behalf of Opposite PartY/S.

 

-NIL-

EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT/s

 

Exhibits (Ex.A)	Description of Documents
	Attested photo copy of Retail Sales Bill. Dt: 08.08.2016.
	Attested photo copy of Endorsement of SHO. Dt: 29.09.2016.
	Apps Daily Mobile Protection Platinum Hand Set/Gadget Packing Cover in original given by the Opposite Party.
	Photo copy of E-mail by opposite party. (Attachment of forwarded message Dt: 08.08.2016)
	Photo copy of E-mail by opposite party. (Attachment of forwarded message Dt: 29.09.2016)
	Photo copy of E-mail by opposite party. (Attachment of forwarded message Dt: 30.09.2016)
	Photo copy of E-mail by opposite party. (Attachment of forwarded message Dt: 14.01.2017)
	Photo copy of E-mail by Complainant. Dt: 21.02.2017.
	Photo copy of E-mail by Opposite Party. Dt: 21.02.2017.
	Photo copy of E-mail by Opposite Party. Dt: 06.03.2017.
	Cancelled Cheque in original ( SBI, Main Branch, Tirupati (00933), Cheque No.984951) issued by Complainant.
	Office copy of the Legal Notice. Dt: 07.08.2017.
	Returned Registered Post along with Acknowledgement Due. Dt: 10.08.2017.
	Original copy of Scratch Card of Apps Daily Solutions Pvt.Ltd., bearing Card Platinum-20K No: 6733555.

 

EXHIBITS MARKED ON BEHALF OF THE OPPOSITE PARTY/s

 

-NIL-

    

 

                                                                                                                         Sd/-   

                                                                                                                President (FAC)

    

     // TRUE COPY //

// BY ORDER //

 

Head Clerk/Sheristadar,

          Dist. Consumer Forum-II, Tirupati.

         

    

   Copies to:- 1.  The complainant.

                        2.  The opposite party.