West Bengal

South 24 Parganas

CC/224/2015

Subarna Kumar Nayak, S/O Late Ajit Kumar Nayak. - Complainant(s)

Versus

1. Technocare Mobile Service Centre of Panasonic. - Opp.Party(s)

.

07 Oct 2015

ORDER

      DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

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

 

C.C. CASE NO. _224_ OF ___2015_____

 

DATE OF FILING : 12.5.2015     DATE OF PASSING JUDGEMENT:  7.10.2015__

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :    Mrs. Sharmi Basu

                                                                             

COMPLAINANT             :   Subarna Kumar Nayak,s/o late Ajit Kumar Nayak of S-3, Blocki-A, 315, Tentulberia Road, Garia, Kolkata – 84, P.S. Sonarpur,

 

-VERSUS  -

 

O.P/O.Ps                            : Technocare (Mobile Service Centre of Panasonic) 150B, Jodhpur Garden,

          Kolkata – 45, P.S. Jadavpur.

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

Sri Udayan Mukhopadhyay, President                                    

            This is an application under section 12 of the C.P Act, 1986 filed by the complainant.

            It is the short case of the complainant that she purchased one Panasonic make Eluga Mobile set on 6^th September, 2014 from Skyline Communication ,2/1A, Ekdalia Road, Kolkata – 19 . But the set was out of order in the month of February, 2015 i.e. within the warranty period and the same was deposited to the Service Centre Technocare, O.P  but inspite of assurance to hand over the same to the complainant, the set was not handed over till date and hence this case with a prayer to return the mobile set and to pay compensation of Rs.25000/- for harassment and mental agony and cost of Rs.2000/-.

            Inspite of service of summon upon the O.P and it is properly served but O.P does not care to appear ,for which the case proceeded exparte.

            Points for decision in this case is whether there is any deficiency in service or unfair trade practice on the part of the O.P or not.

                                                            Decision with reasons

            It appears from the tax invoice that the said mobile set was purchased from Skyline Communication but Skyline Communication has not been made party in this case. Probably complainant does not like refund of money and prayer is justified that complainant wants return back of the mobile set along with cost and compensation.

            In this circumstances from the record we find that Service Centre ,O.P, is still withholding the mobile set of the complainant for the reasons best known to them and did not hand over the set as yet, for which, sole O.P acted deficiency in service. It may be mentioned here that although the Skyline Communication is not made party but the said set was purchased from their end. So, vicarious liability cannot be brushed aside at this stage ,that is why, for ends of natural justice and to redress the matter in favour of the complainant we should not shut our eyes on the realities ,that is why, we direct the O.P to hand over the mobile set in operating condition since the complainant has been able to prove his case.

            Hence,

                                                                                    Ordered

That the application under section 12 of the C.P Act is allowed in exparte.

The O.P Technocare is directed to hand over the mobile set being Panasonic Eluga A White Batch no.3584806C114810  in operating condition  within 30 days from this date.

The O.P is also directed to pay compensation of
Rs. 10,000/- and litigation cost of Rs.1000/- to the complainant within 30 days from this date.

If the O.P is failed to comply the order within 30 days from this date, then interest will carry on the amount of cost and compensation @9% p.a  from the date of passing order till its realization.

It is further directed to the O.P who is an authorized Service Center of Pananonic Product to approach the Skyline Communication of 2/1A, Ekdalia Road, Kolkata – 19 who sold the  mobile no.9874488333 to arrange refund of the money if the said set is not found in operating condition so that entire money may be refunded in case of inherent defect of the said mobile set.

This order is passed in view  of natural justice.

Let a plain copy of this order be sent to the O.Ps through this Forum and a copy be 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 is allowed in exparte.

The O.P Technocare is directed to hand over the mobile set being Panasonic Eluga A White Batch no.3584806C114810  in operating condition  within 30 days from this date.

The O.P is also directed to pay compensation of
Rs. 10,000/- and litigation cost of Rs.1000/- to the complainant within 30 days from this date.

If the O.P is failed to comply the order within 30 days from this date, then interest will carry on the amount of cost and compensation @9% p.a  from the date of passing order till its realization.

It is further directed to the O.P who is an authorized Service Center of Pananonic Product to approach the Skyline Communication of 2/1A, Ekdalia Road, Kolkata – 19 who sold mobile no.9874488333 to arrange refund of the money if the said set is not found in operating condition so that entire money may be refunded in case of inherent defect of the said mobile set.

This order is passed in view of  natural justice.

Let a plain copy of this order be sent to the O.Ps through this Forum and a copy be handed over the complainant free of cost.

 

 

                                                            Member                                               President