DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KANDHAMAL, PHULBANI

                                                                                C.C.NO.53 OF 2016

Present: Sri Rabindranath Mishra            - President.

                 Miss Sudhiralaxmi Pattanaik   -  Member .

                  Sri Purna Chandra Tripathy       - Member .

Sri Sujit Kumar Behera, aged- 29 years

S/O: Pankaj Behera Village- Kumbharpada.

PO/PS: Phulbani Dist: Kandhamal                                          ……………………….. Complainant.

                                Versus.

1. Shree Krishna Agency.

Jagannath Market, Main Road, Phulbani

(In front of S.B.I, Main Branch, Phulbani )

At/PO/PS: Phulbani Town. Dist: Kandhamal

2. Apps Daily solutions Pvt. Ltd.

D 3137 Oberoi Garden Estates, Chandivali Farm Road

Andheri (E) Mumbai- 400072,

CIN NO-U64200MH2008 PTC 187859                                  …………………………….. OPP. Parties.

For the Complainant: Self.

For the OPP. Parties: None.

Date of Order: 30-06-2017

                                                                                               O R D E R

                                                The case of the Complainant in brief is that he had purchased a new mobile (Lava Iris Fuel F1 Black) on 08-01-2016 from the Opposite Party No.1 by paying Rs. 7,000/- . He also paid Rs. 799/- for protection regarding Physical Damage, Liquied Damage, Theft, Data Loss and Viruses to the apps daily within a year. The O.Ps also promised for a 10 days replacement or repair guarantee, but on 01-11-2016 the said mobile was damaged. So, he intimated to the O.Ps but they did not pay

                                                                                                          -2-

 any heed to the requests of the Complainant, for which he sustained mental agony and financial loss due to the non -function of the mobile set .Hence, this complaint is filed by him for replacement of the mobile along with compensation of Rs. 20,000/-.

                                                During course of hearing both parties were set exparte as they failed to file any version. We have heard the Complainant. We have gone through the complaint petition and the documents filed by the Complainant in support of his case. It is seen from the receipt that the Complainant had purchased the alleged mobile set on 08-01-2016 from O.P No.1 by paying Rs. 7,000/- and also he had deposited Rs. 799/- for mobile protection. The said mobile was damaged on 01-11-2016 within warrantee period. So, as per term and condition it is the duty of the O.Ps to replace the said mobile or to repair. But the silence of the O.Ps caused mental agony and financial loss of the Complainant which amounts to deficiency in service on the part of the O.Ps. Hence, the complaint filed by the Complainant is allowed exparte against the O.ps.

                                                The O.P No.2 is directed to replace the said mobile of the Complainant through O.P No.1, the dealer of the Company within 30 days from the date of receipt of this order. In case of failure the Complainant shall be entitled to get Rs. 7,000/- the cost of the mobile along with compensation of Rs. 5,000/- from the O.P No.2.

                                                With the above direction the C.C is disposed -of. Supply free copies of this order to both the parties at an early date.

               MEMBER                                                                             MEMBER                                                             PRESIDENT