Tripura

West Tripura

CC/106/2016

Sri Mithun Dey. - Complainant(s)

Versus

Antarik Entrade Pvt. Ltd.(Intex Mobile Service Centre)& Max Electronics. - Opp.Party(s)

Mr.P.Sahu, Mrs.R.Mahajan.

18 Apr 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM
WEST TRIPURA : AGARTALA

CASE NO:  CC- 106 of  2016

Sri Mithun Dey,
S/O- Lt. Maranjit Dey,
South Belonia,
Hospital Road, 
P.O. & P.S. Belonia.        ............Complainant.

             ___VERSUS___

1. Antarik Entrade Pvt. Ltd.,
(Intex Mobile Service Centre),
Battala, Behind Shib Mandir,
Agartala,West Tripura.

2. Max Electronics,
1 No. Tilla, Kalinagar Road,
Belonia, South Tripura.    …..…..........Opposite party.

      __________PRESENT__________

 SRI A. PAL,
PRESIDENT,
  DISTRICT CONSUMER  
DISPUTES REDRESSAL FORUM,
      WEST TRIPURA, AGARTALA. 

SMT. Dr. G. DEBNATH
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

SRI U. DAS
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

C O U N S E L

For the complainants    : Sri Promode Sahu,
                  Smt. Rupa Mahajan,
                  Sri Utpal Das,
                  Advocates.
                     
For the O.P. No.1        : Sri Surajit Choudhury,
                  Advocate.    

For the O.P. No.2        : None appeared.
                     
                             
        JUDGMENT  DELIVERED  ON: 18.04.2017
J U D G M E N T
        This case arises on the petition filed by Mithun Dey U/S 12 of the Consumer Protection Act. Petitioner's case in short is that he had purchased one Intex Aqua Speed Smart Phone on 13.05.15 on payment of Rs.7,700/-. It had warranty coverage for one year which is to expire on 12.05.16. The hand set touch was not working from 14th September, 2016. He went to the service centre of O.P. on 21.09.16 for repairing the mobile. O.P. Service centre received the mobile and told him that Rs.250/- is to be paid for providing the service. Rs.100/- was paid as advance. But on the scheduled date the mobile was not repaired. Again he made contact on 01.10.16, 17.10.16 but the mobile was not repaired. Thereafter the O.P. service centre informed him that the mobile was missing  and offered him to take back Rs.100/- deposited. The staff of the O.P. misbehaved with the complainant and refused to give back the mobile set. For the deficiency of service of the O.P. authorized service centre of Intex Mobile the petitioner suffered a lot and claimed compensation amounting to Rs.1 lac. 
2.        O.P. appeared and assured for compromise. No written objection was filed and again and again given assurance for compromise. But thereafter did not settle the matter and also did not appear before the court.
Evidence of the petitioner was recorded. Again learned advocate for the O.P. assured for compromise. But finally it was avoided. So on the basis of evidence given by the petitioner we shall now determine on the matter of deficiency of service by the authorized service centre.
4.        Petitioner produced the cash memo, photocopy of the job sheet issued by Antarik Entrade Pvt. Ltd., service centre, and also produced the statement on affidavit of one witness.        
5.        O.P. produced no evidence. Therefore, we shall now determine the issue with the evidence of petitioner. 
                FINDINGS:
6.        We have gone through the original cash memo. Cash memo was issued in the name of the petitioner Mithun Dey. It was issued by Max Electronics. Rs.7,700/- was paid as price of the mobile set. Mobile set was placed to the Antarik Entrade Pvt. Ltd. authorized service centre on 21.09.16. The job sheet produced by the petitioner support this fact. Amount approved by the customer was written Rs.250/- as its service was out of warranty. After receiving the mobile set on assurance of repairing the set was not returned. Staff of the authorized service centre misbehaved with the petitioner. Petitioner had to visit the service centre again and again on the false assurance of repairing. 
Petitioner in his evidence, statement on affidavit stated that after depositing the said mobile hand set on 21.09.16 he made contact with the service centre on several occasions, enquired about the hand set. The staff of the O.P. service centre stated that the hand set was sent to Guwahati, Assam and after repairing it would come back. Petitioner visited the service centre on 19.06.16 and it was informed that the hand set was lost. Petitioner paid Rs.100/- as advance. And they offered to give it back. Petitioner also stated that O.P. misbehaved with him and threatened that he will be in trouble if he claim the mobile set again.
8.        P.W.2, Sri Raktim Dey accompanied the petitioner and supported the fact narrated by the petitioner. 
9.        O.P. on the other hand assured for compromise but ultimately avoided. The misbehavior of the staff of O.P. service centre itself is deficiency of service. O.P. Service centre had taken the mobile on the assurance of repairing but the mobile was not repaired and ultimately said that the mobile itself was lost. This is unfair trade practice by the service centre. Service assured was not provided. This is again deficiency of service and unfair trade practice. O.P. Proprietor of Antarik Entrade Pvt. Ltd. is liable to compensate the petitioner for such deficiency of service. We are of the considered opinion that petitioner is entitled to get back the price of the mobile set Rs.7700/-. He is also entitled to get Rs.10,000/- for his harassment and deficiency of service by the O.P. also Rs.2000/- as cost of litigation. In total petitioner is entitled to get Rs.19,700/- as price of the mobile, deficiency of service and cost of litigation. We direct the proprietor, Antarik Entrade Pvt. Ltd. to pay the amount Rs.19,700/-  to the petitioner within one month. If the amount not paid it will carry interest @9% P.A.              
                    Announced.

 

SRI A. PAL
PRESIDENT,
DISTRICT CONSUMER  DISPUTES 
REDRESSAL FORUM,
WEST TRIPURA,  AGARTALA.

 

SMT. DR. G. DEBNATH,
MEMBER,
 DISTRICT CONSUMER DISPUTES 
REDRESSAL FORUM, 
WEST TRIPURA, AGARTALA    SRI U. DAS
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.