DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO. 50 OF 2016
Sunil Pandey ( 36 Years),
S/O: Sriram Pandey,
R/O: Upper Bunglow, Rampur Colliery,
PO: Rampur Colliery, PS: Brajrajnagar,
Dist: Jharsuguda, Odisha................……..…………..……..………. Complainant.
Versus
- Aditya Computers Service,
Intex Mobile Service Centre,
Near Hotel Usha Prabhat Purna Basti Road,
PO: Kali Mandir Road,
PS/ Dist: Jharsuguda, Odisha.
- Proprietor Monil Mobile,
Main Road, Brajrajnagar,
PO/ PS: Brajrajnagar,
Dist: Jharsuguda, Odisha.
- Intex Technologies (India) Ltd,
D-18/2, Okhla Industrial Area, Phase-II,
New Delhi- 110 020…………………………….......................... Opp. Parties.
Counsel for the Parties:-
For the Complainant Shri T.K.Singh,Adv. & Associates.
For the Opp. Parties Self ( Ex-Parte).
Date of Order: 19.12.2016
Present
1. Shri S.L. Behera, President.
2. Shri S.K.Ojha, Member.
Shri S.L. Behera, President: - The complainant’s case in brief is that, he had purchased one mobile handset having model Intex Aqua Trend 4G by paying-₹9,500/- only from the O.P.No.2 on dtd. 06.09.2015. Since the date of purchasing the camera of mobile was not functioning properly. The complainant submitted the mobile to the O.P.No.1 for repairing and which was repaired and handed over to the complainant. Again in the month of March,2016 the camera and mic stated showing problem which was also submitted to the O.P.No.1 on dtd. 17.03.2016 for repairing. The O.P.No.1 returned on dtd.21.04.2016 stating that the camera and mic are replaced but the problems still continued, hence this case.
After being noticed through this Forum, the O.Ps. failed to either appear or filing their written versions and ultimately stand ex-parte.
Heard from the complainant purchased one mobile hand set from the O.P.No.2 by being fully convinced with the price and features of the product and paid the full and final consideration amount of Rs.9,500/- only. Since the date of purchase the said mobile hand set started occurring problems in camera which was repaired by the O.P.No.1 (the authorized service centre) but after few months the said mobile hand set again showing problem in camera and mic. The complainant again submitted before the O.P.No.1 for repairing. The O.Pl.NO.1 returned the said mobile saying that the camera and mic have been replaced to a new one but the problems are not solved in reverse the O.Ps. failed to appear before this forum which reveals that they have nothing to say in this case.
In view of above observations and analysis, the activities of O.Ps. are found to be committing of deficiency in service towards complainant, hence allow the complaint petition with directions to the O.Ps. in form of order as follows :
ORDER
The O.Ps. are hereby jointly and severally directed to give a new defect free mobile handset in place of old defected handset of equivalent price of ₹9,500/- only or refund ₹9,500/-(Rupees nine thousand five hundred) only to the complainant along with pay a sum of ₹ 1,000/- (Rupees one thousand) only towards harassment, mental agony including litigation cost within 30(thirty) days from the date of receiving of this order.
Accordingly the case is disposed of.
Order pronounced in the open court today on this the 19th of December, 2016, copy of this order shall be communicated to the parties as per Rule.
I Agree.
S.K.Ojha, Member S.L.Behera, President
Dictated and corrected by me.
S.L.Behera, President
