West Bengal

South 24 Parganas

CC/537/2014

1. Priti Singh. - Complainant(s)

Versus

1. Micro-Max Service Centre- Jadavpur., Annanya Infotech. - Opp.Party(s)

24 Mar 2015

ORDER

     DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , JUDGES’ COURT, ALIPORE KOLKATA-700 027

 

C.C. CASE NO. _537_ OF ___2014_____

 

DATE OF FILING : 3.11.2014_     DATE OF PASSING JUDGEMENT:_24.3.2015__

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :         Dr. (Mrs.)  Shibani Chakraborty

                                                                             

COMPLAINANT             :   Priti Singh, Baibhar Co-operative Society Ltd. Block 023 & 24 , Flat

                                               52/1, Patuli, Opp. Fire Brigade, Kol-94

 

-VERSUS  -

 

O.P/O.Ps                            :    1. Micromax Service Centre, M/s Anannaya Infotel, 44, Shyamapally,

                                                Jadavpur, Kolkata – 32.

2.  Nice Foto Makers Pvt. Ltd. 55, Gariahat Road, Kolkata – 19.

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

Sri Udayan Mukhopadhyay, President

            The complaint gave birth out of the allegation filed by the complainant that she purchased one mobile set of Micromax A240 Canvas Doodle on 6.1.2014 from the O.P-2 but within a month she is facing lot of problems . Inspite of several requests the problem was not solved by the O.Ps Service Centre and hence this application for refund of Rs.14000/- , the cost of mobile set and compensation of Rs.1,80,000/- ,for mental pain and agony.

                                                Decision with reasons

            Inspite of service of summon the same was returned as “Not claimed”, for which 20.2.2015 was fixed for exparte evidence. Thereafter, 10.3.2015 was also fixed for exparte argument. Today is fixed for exparte argument . But the O.P did not pay any heed to it.

            The complainant firstly made a complaint before the Assistant Director, Consumer Affairs and Fair Business Practice , South 24-Parganas but they failed to provide any effective services and hence this case.

            We have perused the Tax Invoice from where we find that complainant purchased one Micromax Doodle Two A240 amounting to Rs.14000/- on 6.1.2014. We are aware that Micromax Mobile is giving trouble to so many consumers and they are giving no effective service after purchase. So, we have nothing to disbelieve regarding the allegation leveled against the O.Ps by the complainant.

 

 

            Accordingly, it is

                                                                        Ordered

That the application filed under Section 12 of the C.P Act is allowed exparte  against the O.Ps.

The O.P-2 is directed to refund the amount of Rs.14000/- together with interest @9% p.a from 6.1.2014 till its realization along with compensation of Rs.10,000/- , litigation cost of Rs.1000/- within 30 days from the date of this order, failing which, complainant is at liberty to execute the order through this Forum.

Be it mentioned here that at the time of payment of cost of the mobile set the mobile set is to be returned by the complainant to the O.p-2 if the same is lying with her since we do not find any document to return the mobile phone.

The O.P-1 is the Service Centre having no obligation in the matter of dispute.

Let a plain copy of the judgement be sent to the O.Ps through this Forum for expedite payment and to the complainant for his information and a copy of this judgement be also handed over the complainant free of cost .

 

                                                Member                                               President

 

 

Dictated and corrected by me

 

 

 

 

                        President

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The judgement in separate sheet is ready and is delivered in open Forum. As it is ,

 

                                                                        Ordered

That the application filed under Section 12 of the C.P Act is allowed exparte  against the O.Ps.

The O.P-2 is directed to refund the amount of Rs.14000/- together with interest @9% p.a from 6.1.2014 till its realization along with compensation of Rs.10,000/- , litigation cost of Rs.1000/- within 30 days from the date of this order, failing which, complainant is at liberty to execute the order through this Forum.

Be it mentioned here that at the time of payment of cost of the mobile set the mobile set is to be returned by the complainant to the O.p-2 if the same is lying with her since we do not find any document to return the mobile phone.

The O.P-1 is the Service Centre having no obligation in the matter of dispute.

Let a plain copy of the judgement be sent to the O.Ps through this Forum for expedite payment and to the complainant for his information and a copy of this judgement be also handed over the complainant free of cost for expediting the process .

 

                                                Member                                               President