West Bengal

South 24 Parganas

CC/105/2016

Pritam Mondal, C/O Sarbari Mondal. - Complainant(s)

Versus

1. Videocon Jimmys Teletalk. - Opp.Party(s)

10 Feb 2017

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

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

 

C.C. CASE NO. _105   OF ___2016____

 

DATE OF FILING : 20.9.2016     DATE OF PASSING JUDGEMENT:  10.02.2017

Present                        :   President       :   Udayan Mukhopadhyay                           

 

                                        Member(s)    :  Smt.  Sharmi Basu                    

 

COMPLAINANT                  :  Pritam Mondal,C/o Sarbari Mondal, Vill. Shibanipur, P.O Fatepur, P.S Falta, South 24-Parganas. Pin – 743513.

 

-VERSUS  -

 

O.P/O.Ps                                :     1. VIDEOCON, Jimmys Teletalk, 1^st Floor of Punjabi Hindu Hotel, opposite side, Diamond Harbour Rail Way Reservation, Pin-743331.

                                                      2.     Debjani Communication Diamond Harbour Station More, West Bengal, South 24-Parganas, Pin-743331.

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

            Smt. Sharmi Basu, Member

             In a nutshell the case of the complainant is that he purchased a Videocon Z55 Delite Model Mobile phone from the O.P-2 at a consideration of Rs.7,300/- on 25.3.2016. Immediately after purchased complainant noticed there was no internet connection ,for which download cannot be possible. On 24.6.2016 he went to the Videocon Service Centre to solve the problem of the mobile phone and put the mobile for repair. On 31.7.2016 he got back the mobile phone and found that the problem was not solved and same problem is occurring. On 8.8.2016 again he went to the Service Centre and the service centre returned the phone on 6.9.2016. But the problem remained as it is, for which against the mobile phone was given to the service centre for repair. But ultimately the problem o the mobile phone was not solved, for which complainant has to suffer mental agony and to suffer financial loss . Hence, this case praying for refund Rs.7300/- , compensation of Rs.60,000/- and litigation cost etc.

            From the record it appears that O.Ps are reluctant to proceed with the case ,for which case is running in exparte against the O.Ps.

 

 

 

 

 

Points for Decision

1. Whether the complainant is a Consumer or not.
2. Whether there is any deficiency in service on the part of the O.Ps or not.
3. Whether the complainant is eligible to get relief as prayed for partly or fully.

 

Decision with reasons

            All the points are taken together as they are interlinked.

Before going into the merits of the case it is needed to be mentioned here that even after valid service of notice none of the O.Ps have agreed to appear before this Forum ,nor file Written Version. Hence, this Forum has no other alternative but to proceed with the case in exparte against both the O.Ps and all the documents filed by the complainant being unchallenged piece of testimony are considered as cogent and valid documents and appears to be true.

After scrutinizing vividly the petition of complaint and the documents filed by the complainant and hearing argument it appears to us that complainant purchased a mobile phone on 25.,3.2016 and within 2-3 months the mobile in question has started problem and was not functioning properly . But the O.ps have not taken proper action to repair the same or to replace the goods in question with new one of same specification.

Hon’ble National Commission has been pleased to specifically observe that if any goods within six months from the date of purchase has suffered any defect, then it should be considered as “Manufacturing Defect” and the manufacturer is liable to replace the goods with new one of same specification. Therefore, in the instant case we have no hesitation to hold that O.P-1 is liable for manufacturing defective goods and they are duty bound to replace the goods in question with a new one of same specification . It is also beyond doubt that as the O.P-1 has not performed his duty ,they are liable for inaction and deficiency of service and should compensate the complainant for his mental agony and harassment.

Thus all the points are discussed and the same are in favour of the complainant and the case succeeds.

 

 

 

 

Hence,

                                                                                    Ordered

That the case be and the same is allowed in exparte with cost against O.P-1 and without cost against O.P-2.

O.P-1 is directed to replace the mobile phone in question with a new one of same specification or higher specification and also to pay Rs.4000/- towards compensation and Rs.2000/- towards cost to the complainant within 30 days from the date of this order, failing which, O.P-1 should pay Rs.50/- per day after the stipulated period till the date of full and final compliance of this order and out of this amount 50% will be given to the complainant and rest 50% will be deposited in the Consumer Legal Aid Fund.

             

Let a plain copy of Judgment be supplied to the parties free of cost as per rule.

 

                                    Member                                                                                   President                                

 

Dictated and corrected by me

 

 

                        Member

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

                        Ordered

That the case be and the same is allowed in exparte with cost against O.P-1 and without cost against O.P-2.

O.P-1 is directed to replace the mobile phone in question with a new one of same specification or higher specification and also to pay Rs.4000/- towards compensation and Rs.2000/- towards cost to the complainant within 30 days from the date of this order, failing which, O.P-1 should pay Rs.50/- per day after the stipulated period till the date of full and final compliance of this order and out of this amount 50% will be given to the complainant and rest 50% will be deposited in the Consumer Legal Aid Fund.   

Let a plain copy of Judgment be supplied to the parties free of cost as per rule.

 

                                    Member                                                                                   President