Orissa

Jajapur

CC/8/2017

Rakesh Mohapatra - Complainant(s)

Versus

Apps Daily Solution Pvt.Ltd - Opp.Party(s)

09 Jul 2018

ORDER

IN  THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

                                                        Present:      1.Shri Jiban ballav Das , President

                                                                            2.Sri Pitabas Mohanty, Member,

                                             Dated the 09th day of  July,2018.

                                                      C.C.Case No.08 of 2017

Rakesh Mohapatra  ,   

At.Botalanda ( Mundakul)  , P.O.Mangalpur  ,

Via.Sukinda ,Dist.- Jajpur .

                                                                                                                           ……....Complainant .                                                          .                                    

                                                  (Versus)

1.APPS Daily Solution Pvt.Ltd, D-3137,Oberai Garden Estates, Chandivali

Farm Road, Andheri (E) ,Mumbai.

2.Rocks World ,New Bus Stand ,Bypass ,Jajpur Road ,Jajpur

                                                                                                                       ……………..Opp.Parties.                                                                                                                                                                                                                                                                    

For the Complainant:                                    Self.

For the Opp.Parties :                                     None

  

                                                                                                     Date of order:   09 .07.2018.

SHRI  PITABAS MOHANTY, MEMBER  .       

The petitioner has filed the present dispute not only alleging  deficiency in service but also unfair trade practice on the part of the O.Ps.

            The facts relevant as per complaint petition  shortly are that the petitioner  has purchased a  hand set (Mobile )  on 07.07.16 from O.P.no 3 with consideration amount of Rs.20,000/ and insured the same handset  with  O.P.no.1 by paying  of Rs 1749/-  and the insurance period was one year  from the date of purchase.  That on 20.11.16 8 P.M two  unkhown culprits snatched  the handset  from the petitioner  when he was  attaining   the call of nature on the road side and one  day after he informed to O.P.no1  about the theft . The petitioner obtained  claim intimation No. .ATN -211116-1978-18214  from Head office of O.P no.1  and  as per  company  instruction the petitioner submitted all documents with Rs. 5,000/-  as deductable charges(25%) of the purchase rate  of the hand set of Rs.20,000/-At App Daily Solution Pvt Ltd, 1^st floor by pass chowk Salandi Colony  ,Bhadrak. On 26.11.16  received acknowledgemnet receipt . As per company rule within  21 days the  petitioner received the new hand set  through his collection point.  But  after lapse of two months  the O.Ps told to the petitioner that the hand set was not available in the market now the present price of the hand set was Rs16,499/-  and after deducting 30% from it their offer   was received Rs 11,409/- and the petitioner protested  the same . Accordingly the petitioner knocked the door of this Fora with the prayer to direct the o.ps  to pay the cost of the handset Rs. 20,000/-  along with 6,000/-  for compensation  and harassment .

            After  notice  duly served to O.P no.1 and 3 .The O.P.1 did not choose to file the written version . Hence he has been set exparte vide order dt.  22.05.18   .The O.P.no.3 himself present and filed the written version  and stated that :

            Mobile from our shop ,on the dt.07.07.2016  sold and  he insured his mobile with a company name: Apps Daily that company told the customer  to insure the mobile  which was done by the petitioner .

            On the date of hearing no steps taken by both the sides .   .After perusal of the record  and documents in details we observed that :

it is undisputed fact that the petitioner has purchased the alleged handset from O.P.no.3 vide retail invoice No, 2845 dt.07.07.16 .

2. it is also a fact that   such alleged hand set was insured before O.P.no.1  with  consideration amount of Rs.1749/- and during the period of valid insurance such handset was stolen by some unknown culprits  .The petitioner lodged the claim before  o.p1 and the op.1 issued claim intimation  to the petitioner and as per advice of o.p1 the petitioner deposited all documents and Rs. 5,000/  as deductable charges (25%) of the hand set before the collection point of O.P.no..1   but the O.P.no.1 forced  the petitioner  to receive Rs 11,409/ in place of Rs. 20,000/   taking the plea that such handset was not available in the market.

            On the other hand  the O.Ps neither appeared nor filed the written version in time fixed by this Fora for which  we are constrained to accept the uncontroverted statement mentioned by the petitioner  in the complaint petition against the ops as per observation  of Hon’ble Odisha  State Commission reported in 2003-CLT-Vol-96-p-15 .C.D.Case No.37/02  wherein it is held that:

“In absence of written version by the O.P, the  Commission is bound to accept the uncontroverted statement of the complaint petition.”

And

2013(1)CPR-507-N.C ,wherein  it is held that:-

            “In case written version not filed after several opportunity,   it has no defence on merit.”

Hence this Order

 In the result the dispute  is allowed against the O.P no.1 and dismissed against O.P.no. 3 .The O.P.no.1 is directed to pay cost of the hand set Rs.20,000/ (twenty thousand )  along with Rs.5000/- ( five thousand )  towards cost and compensation of the petitioner within one month after receipt of this order  ,failing which the complaint is at liberty  to recover  the same   to initiate the proceeding  U/S 25 and 27  of C.P.Act for realization of the amount.

                        This order is pronounced in the open Forum on this the 9th  day of  July,2018. under my hand and seal of the Forum.