Date of filing: 31.05.2018                                  Date of order : 04.10.2018

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM ::

KADAPA,  Y.S.R DISTRICT

PRESENT SRI V.C. GUNNAIAH, B.Com., M.L., PRESIDENT

   SMT. K. SIREESHA, B.L., LADY MEMBER

Thursday, 4^th day of  October, 2018

CONSUMER COMPLAINT No. 36 / 2018

Chilekampalle Konda Reddy,

S/o Lakshmi Reddy, D.No. 3/38,

Nandimandalam Village,

Pendlimarry mandalm,

Kadapa District.                                                                 …. Complainant.

Vs.

1.   The Manager, Nakshtra Mobiles, D.No. 4/730,

      Janatha Complex, Koti Reddy Street, Kadapa.

2.  The Manager, Jio Service Customer Care center,

     Beside of AXIS Bank, RTC to Railway Station Road,

     Prakash Nagar, Kadapa.                                                  ….. Opposite Parties.

This complaint coming for final hearing on 26.09.2018 in the presence of complainant appeared as in persona and Opposite parties 1 & 2 called absent and set exparte on 17.7.2018 and upon perusing the material papers on record, the Forum made the following:-

O R D E R

 (Per Smt. K. Sireesha,  Member),

1.        The complainant filed this complaint under section 12 of Consumer Protection Act, 1986 (for short herein after called as C.P. Act) to direct the opposite parties to pay Rs. 4,700/- towards price of the mobile, to pay                     Rs. 5,000/- towards mental agony and to pay Rs. 3,000/- towards costs of the complaint to the complainant.  

2.        The brief facts of the complaint is as follows:- The complainant purchased a mobile for Rs. 4,700/- on 27.10.2017 at Nakshatra mobiles with model No. LYFC459.  The same model there was an offer for Rs. 2,367/- by impressing the offer of the company and the complainant purchased the above said mobile.  As per offer there will be 5 GB free data for 9 recharge cycles from JIO company.  After purchase of the mobile the complainant did not get the offer when he asked the O.P.1 and O.P.1 replied that enquired the matter at JIO company.  When the  complainant approached O.P.2 and asked the said scheme that the scheme was up to March 2018 only.  Again the complainant approached O.P.1 but there was no proper response from them.  Vexed with the attitude of O.P 1 & 2 .  Hence, the complaint for the above reliefs.    

3.             Opposite parties 1 & 2 called absent and set exparte on 17.7.2018.

4.             On behalf of complainant Ex. A1 & A2 were marked.  No documents are marked on behalf of opposite parties.

5.        From the above averments the following points are settled for determination:-

1. Whether the complainant is eligible for compensation as prayed by him or not?
2. Whether there is negligence or deficiency of service on the part of the Opposite parties or not?
3. To what relief ?

6.             Point Nos. i and ii   It is very clear from Ex. A1 that the complainant purchased mobile for Rs. 4,700/- from O.P.1.  Ex. A2 clearly shows that the offer announced by JIO company i.e. O.P.2.  But the complainant did not filed any piece of evidence to prove that he had not gained offer regarding additional 5 GB of net work data for the mobile which he was purchased.  The complainant utterly failed to file the proof of evidence and to prove his case as per the complaint.  The complainant never put an effort to prove his case that he had not gained offer announced by O.P.2. The complainant is not eligible for any compensation as prayed by him at the same time there is no negligence and deficiency of service on the part of the opposite parties.

7.             Point No.iii:- In the result, the complaint is dismissed without costs.

Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open forum, this the 4^th day of October, 2018

MEMBER                                                                                      PRESIDENT

APPENDIX OF EVIDENCE

Witnesses examined.

Witnesses examined for the Complainant:         NIL

Witnesses examined for the Opposite party:      NIL

Exhibits marked for Complainant : -

Ex. A1       Original copy of the bill for Rs. 4,700/-

Ex. A2       Original copy of advertisement.

Exhibits marked on behalf of the Opposite parties

MEMBER                                                                                   PRESIDENT

Copy to :-

                                                   1)Chilekampalle Konda Reddy, S/o Lakshmi Reddy, D.No. 3/38, Nandimandalam Village, Pendlimarry

                                                        mandalm,   Kadapa District.                                                                   

  2) The Manager, Nakshtra Mobiles, D.No. 4/730, Janatha Complex, Koti Reddy Street, Kadapa.

   3) The Manager, Jio Service Customer Care center, Beside of AXIS Bank, RTC to Railway Station Road,

        Prakash Nagar, Kadapa.

B.V.P