This is a complaint filed by Shukla Mallik, wife of Tushar Baran Mallik, Flat No.1A 1st floor, 179, Naskarhat Road, P.S.-Kasba, Kolkata-700039 against (1) Skyline Communication, having its registered office cum showroom at 2/1A, Ekdalia Road, P.S.-Gariahat, Kolkata-700019, OP No.1 and (2) Apps Daily Solutions Private Ltd., having its registered office at 6th floor, C Wing Estate, Chandivali Farm Road, Mumbai, Maharastra,PIN-400 072, also having its Branch Office at room No.214, Second floor, 46/31/1, Gariahat Road, under P.S.-Gariahat, Kolkata-700 019, praying for (a) an award directing the OPs and each one of them to pay compensation in the sum of Rs.8,899/- to the Complainant or replace the aforesaid mobile phone set with a new mobile phone, (b) an award directing the OPs and each one of them to pay compensation in the sum of Rs.20,000/- to the Complainant towards deficiency and service and harassment and mental agony caused to the Complainant, (c) in the alternative, an enquiry onto the loss and damage suffered by reason of the wrongful act of the OPs and an award directing the OPs to make payment of compensation and to pay litigation cost of Rs.10,000/-.
Facts in brief are that Complainant on or about 14.4.2016 purchased a mobile phone known as SAMSUNG J2 manufactured by Samsung Electronics from the OP No.1 by paying Rs.7,700/- inclusive of taxes.
Further, Complaints state that OP No.1 offered the Complainant an insurance policy of the OP No.2 for the said mobile phone for insurance against probable theft or damage caused due to physical reasons and the Complainant thinking it wise to insure paid Rs.760.95 plus taxes. Complainant purchased the said mobile after paying cash amount and OP No.1 raised an invoice dt.14.4.2016 bearing No.291 and invoice dated 14.4.2016 bearing No.292 for the aforesaid insurance policy.
On 21.6.2016 the mobile was stolen from the residence of the Complainant where Complainant resides. And, as soon as the Complainant realized that the mobile was missing; she lodged a complaint to the Kasba Police Station, which was entered vide G.D.No.1794 on 21.6.2016. Further, Complainant has stated that several persons like local plumber, domestic help, milkman, newspaper vendor, grocery delivery man, came to her house and it might be they have stolen the mobile.
Thereafter, the Complainant on 22.1.2016 went to the office cum show room of the OP No.1 and showing the complaint lodged and requested to local representatives to refund purchase money. But, OP No.1 told the Complainant to contact OP No.2 and came to learn that they will not refund the purchase money. So, Complainant filed this case.
On the basis of above facts, notice was sent. But OP did not turn up and contest the case. So, the case was heard ex-parte.
Decision with reasons
Complainant filed a petition praying for treating the complaint as affidavit-in-chief.
Main point for determination is whether the Complainant is entitled to the compensation as Rs.8,899/- from the OPs or replacement of the mobile set.
It appears that Complainant has filed the Xerox Copy of the G.D. entry which he made. He has also filed a Xerox copy of the insurance policy. On perusal of the copy of the G.D. entered, it appears that Complainant immediately informed the OPs of the theft committed of his mobile. But, they did not refund the purchase money. So, we are of the view that Complainant is entitled for Rs.7,000/- as the purchase money of the mobile and Rs.760/- as the mobile protection premium.
Other prayers of the Complainant do not appear to be warranted so that order be made in favour of the Complainant against OPs.
Hence,
ordered
CC/414/2016 and the same is allowed ex-parte in part. OPs are directed to pay Rs.7,760/- to the Complainant within two months of this order, in default, this amount shall carry interest @ 10%p.a. till realization. Liability of OPs is joint and several
