West Bengal

South 24 Parganas

Cc/623/2014

Arka Kar. - Complainant(s)

Versus

1. Micromax Service Centre, M/S. Anannaya Infotel. - 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. _623_ OF ___2014_____

 

DATE OF FILING : 30.12.2014_     DATE OF PASSING JUDGEMENT:_24.3.2015__

 

Present                        :   President       :   Udayan Mukhopadhyay

 

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

                                                                             

COMPLAINANT             :   Arka Kar, Vill. & P.O Mahishbathan, P.S. Kotwali, Dist. Coochbehar,

Pin-736179

 

-VERSUS  -

 

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

                                                Jadavpur, Kolkata – 32.

                                                2.     Fast Information Network Pvt. Ltd. Hiland Park, Shop no.225,

2^nd Floor, Kolkata – 94.

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

Sri Udayan Mukhopadhyay, President

            This complaint is brought against the O.Ps who are the dealing with Micromax Mobile.

            It is the short case of the complainant that he purchased Micromax A 350 Knight White Gold) from the shop of O.P-2 at a cost of Rs.21000/- on 23.5.2014. After re-using the same for five months battery problems started and inspite of informing the Service Centre several times no effective result comes out and the charge of the battery remained for about 15 minutes only after getting full charge. Hence, the complaint for refund of Rs.21000/- and compensation to the tune of Rs.75000/- and litigation cost.

           

                                                Decision with reasons

            At the very outset it is stated that inspite of sending summon none appears from the side of the O.Ps. Even then opportunity was given to file written version when the summon was served but none appears on call on 12.3.2015 ,for which a last chance was given today for filing written version and when written version is not file, the case is taken up for exparte hearing.

            Since the complainant being a doctor is suffering a lot after purchasing the mobile set and in order to expedite the mater without any further delay when the complainant is agreed, the case is taken up for exparte hearing.

            We have perused the tax invoice and we find that the complainant purchases Micromax A350 Knight White Gold  at a cost of Rs.21000/- from the O.P-2 and O.P-1 is a service provider  where he visited lot of time but did not get any effective result, which hampered his internship service and failed to attend on call with the Senior Doctors in the Hospital.

            We have nothing to disbelieve regarding the submission as unfolded by the complainant against the O.P by purchasing the Micromax Mobile Set because we are dealing with this type of problems in several cases of Micromax Mobile Sets and after purchase they did not pay any heed to it ,which is a deficiency in service and unfair trade practice .

            Accordingly, it is

                                                            Ordered

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

The O.P-2   is directed to refund Rs.21000/- being the cost of mobile along with 9% interest from the date of purchase i.e. 23.5.2014 till its realization and further directed to pay compensation of Rs.10,000/- and 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.

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 under section 12 of the C.P Act filed by the complainant is allowed exparte against the O.Ps.

The O.P-2   is directed to refund Rs.21000/- being the cost of mobile along with 9% interest from the date of purchase i.e. 23.5.2014 till its realization and further directed to pay compensation of Rs.10,000/- and 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.

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