APPLE INDIA PRIVATE LIMITED Vs. HARISH CHANDRA MOHANTY

JUDGEMENT

(1.) This Revision Petition has been filed by the Petitioner against the impugned order dated 26.11.2020 of the Odisha State Consumer Disputes Redressal Commission, Cuttack (for short "the State Commission") in First Appeal No.08/2020 whereby the State Commission dismissed the Appeal filed by the Petitioner/Opposite Party No.2.

(2.) Case of the Complainant is that on 03.06.2018, he purchased an Apple iPhone from Respondent No.2/Opposite Party No.1 for a sum of Rs.54,700/-. Complainant was informed that his phone had been insured. The insurance cover was for stealing, missing, own damage etc., for which he was told that Petitioner/Opposite Party No.2 receives the premium amount of Rs.5,199/-. Despite repeated requests, the Opposite Parties did not disclose the name of the Insurance Company with which they got the phone insured. On 03.01.2009, the mobile phone was stolen at Badambadi Bus Stand, Cuttack. FIR No.20 was lodged at Badambadi Police Station on the same day. The Complainant intimated the Petitioner/Opposite Party No.2 about the theft on toll free number and the Complainant was issued a complaint reference No.3856121 and advised to send the invoice and copy of FIR on WhatsApp. Though the Complainant sent the same, no action was taken by the Opposite Parties. Alleging deficiency in service against the Opposite Parties, the Complainant filed a Consumer Complainant before the District Forum with the following prayer: -

(3.) Opposite Party No.1/Respondent No.2 did not appear before the District Forum and was proceeded ex-parte. Opposite Party No.2/Petitioner contested the Complaint by filing written statement. It was stated that as the iPhone was stolen due to the negligent act of the Complainant, it would not be covered under the warranty and Opposite Party No.2 was not liable for any refund or compensation to the Complainant.