Date of filing:- 13/05/2020. Date of Order:-31/10/2023.
DISTRICT CONSUMER DIPUTES REDRESSAL COMMISSION
B A R G A R H
CONSUMER COMPLAINT NO. 39 OF 2020
Prakash Nayak, S/o Jadumani Nayak, aged about 31(thirty one) years, Occupation-Private Job, Resident of Canal Colony, Bargarh, Ward No. 09(nine), Po/Ps/Tahasil/Dist. Bargarh (odisha).
Complainant.
-: V e r s u s :-
(1) The Manager, Reliance JIO LYF Head Office -Reliance Retail Limited Shed No.
77/89, Indian Corporation Godown, Mankoli Naka Village-Depode, Dist. Thane-
421302 (Maharastra).
(2) The Proprietor JIO LYF Service Centre B.P.J.P. OFFIZO Ist Floor, Near Rukumani
Cineplex, in front of Hotel Ganapati, Bargarh-768028 (Odisha).
(3) The Proprietor, Sri Sourav Sales, SRIT Market Complex Main Road, Bargarh
768028 (Odisha).
Opposite Parties.
Counsel for the Parties:-
For the Complainant :- :-Sri Manoj Kumar Satpathy with Associates.
For the Opposite Party No.1 & 2 :- :- Sri Birendra Panda with Associates.
For the Opposite Party No.3:- :-Exparte.
-: P R E S E N T :-
Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agarwal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.31/10/2023. -: J U D G E M E N T:-
Presented by Smt. Anju Agarwal, Member (w) :-
(1)The case of the Complainant is that the Complainant has purchased a JIO LYF water Model Mobile set bearing IMEI No. 911519501515669 and 911519501515677 on Dt. 09/07/2019 by paying Rs. 16000/-(Rupees sixteen thousand)only to the Opposite Party No.3/ retailer. The Opposite Party No.1 and 2 are the persons to look after the Consumer Complaint and provide Consumer Service and to manage to sort out problems of Consumers of the product. The Opposite Party No.3 is a local authorized retail seller of JIO LYF Brand Mobile. After using the product for some months, the Complainant found that the set is unable to hold charge and the set is hanging from time to time, not functioning properly. The Complainant agitated is grievance before the Opposite Party No.2 to that effect in the last week of November 2019 and requested him to solve the problem but the Opposite Party No.2 denied to entertain the Complaint of the Complainant. The mobile set of the Complainant is still under the period of warranty. On Dt. 17/02/2020 a pleaders notice was sent to the Opposite Parties but after due receipt of notice the Opposite Parties remained silent.
For the deficiency in service committed by the Opposite parties the Complainant filed Complaint before this Commission.
(2)The case of the Opposite Parties is that the Opposite Party No.1 and Opposite Party No.2 have jointly filed their version and submitted that the Reliance JIO LYF named entity in neither to the knowledge of answering respondents nor associated with the answering respondents. Reliance Retail Limited has imported the LYF Branded Mobile handsets sold and distributed through distribution channels. Opposite Party No.3 is the local distributor of these Opposite parties to act as its lawful agent for Bargarh. It is further submitted that LYF water Mobile handset having IMEI No. (s). 911519501515669 and 911519501515677 as available in the records was activated on 01/06/2017 and as per the IMEI records the name of the purchaser of the product is Mr. Parikshit Chhatar. It is further astonishing that the purchase invoice No. 605/Dt. 09/07/2019 accompanying the Complaint against IMEI No. (s). 911519501515669 and 911519501515677 stands recorded in the name of Prakash Nayak. The Complainant had managed to get a fabricated manual invoice from Opposite Party No.3 The said product was activated on 01/06/2017 and the warranty on the product expired on 31/05/2018. The Opposite Parties have duly attended and have extended all possible after sales service in favour of Parikshit Chhatar. The Complainant is neither the owner nor the user of the mentioned LYF handset under use in IMEI No.(s). 911519501515669 and 911519501515677. The job sheets of the customer clearly mentioned the repaired mobile details. There is no deficiency in service on the part of the Opposite Parties, hence the Complaint to the dismissed.
(3)The case of the Opposite Party No.3 that the Opposite Party No.3 did not appear before this Commission, hence set exparte.
(4)After perusal of the documents filed by the parties it reveals that the Complainant had purchased a LYF water Mobile bearing IMEI No.(1). 911519501515669 and IMEI (2) 911519501515677 and the purchase date of the Mobile Phone was 09/07/2019. The Job sheet filed by Opposite Party No.1 and Opposite Party No.1 for IMEI No.(1). 911519501515669 and IMEI (2) 911519501515677 reveals the purchase date of Mobilewas 01/06/2017. It reflects from the aforesaid documents that the IMEI number written on the Mobile phone of the Complainant and the IMEI mentioned in the Job sheet is the same. Whereas the date of purchase on the invoice was on 09/07/2019 and on the Job sheet is 01/06/2017, which shows that the Opposite Party No.3 i.e. the seller had sold an already used set to the Complainant which amounts to unfair trade practice on the part of Opposite Party No.3. The Opposite Party No.1 and Opposite Party No.2 being service provider cannot be liable for any act of unfair trade practice committed by Opposite Party No.3.
Accordingly it is Ordered.
O R D E R
The Complaint is dismissed on contest against Opposite Party No.1, Opposite Party No.2 and allowed exparte against Opposite Party No.3. The Opposite Party No.3 is directed to pay Rs. 16,000/-(Rupees sixteen thousand)only i.e. the price of the Mobile phone to the Complainant within one month of this Order. The Opposite Party No.3 is further directed to pay Rs. 10,000/-(Rupees ten thousand)only for mental harassment and Rs. 5,000/-(Rupees five thousand)only towards litigation expenses. All the Order to be complied within one month of this Order.
Failing which the entire order will carry 9% P.A. till realization.
Order pronounced in open court on this 31st day of October 2023.
Supply free copies to the parties.
Typed to my dictation
and corrected by me.
I agree/-
( Smt. Jigeesha Mishra) (Smt. Anju Agarwal)
Dt.31/10/2023 Dt.31/10/2023
P r e s i d e n t M e m b e r (w)
