West Bengal

South 24 Parganas

CC/24/2016

Samir Paramanick C/O Mantu Paramanick. - Complainant(s)

Versus

Arup Mal I.B. TELECOM. - Opp.Party(s)

12 Aug 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144

 

      C.C. CASE NO. _24_ OF ___2016_

 

DATE OF FILING : 17.3.2016                     DATE OF PASSING JUDGEMENT:  12.8.2016

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :     Subrata Sarker

                                                                             

COMPLAINANT             :   Samir Paramanick,,c/o Mantu Paramanick , Vill. & P.O Sonaria, P.S. Nodakhali, Dist. South 24-Parganas.

 

-VERSUS  -

 

O.P/O.Ps                            :  1. Arup Mal, I.B Telecom, Vill. Mohanpur, P.S. Nodakhali, Dist. South 24-Parganas.

                                               2.     Micromax Informatics Ltd. 21/14/A, Phase II, Naraina Industrial Area Delhi -110028

_______________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

Sri Udayan Mukhopadhyay, President

            The short case of the complainant is that he has purchased a Micromax X2-400 Blue model mobile phone at a consideration of Rs.1550/- from the O.P-1 . But the said mobile phone is a defective one as the same was found defective within five months ,for which complainant requested the O.P-1 to change the same but he did not provide fresh mobile or anything. Hence, this complaint.

            It appears that inspite of serving summon which have duly been served upon both the O.Ps as per postal track report, none of the O.Ps appear, for which the case is running in exparte against them.

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

                                                                        Decision with reasons

            Admittedly complainant purchased a Micromax mobile from the O.P-1 as per invoice cum challan cum cash memo dated 13.1.2015 It also appears that the complainant lodged complaint and process was issued against both the O.Ps but inspite of receiving the same they did not come forward before this bench to contest or challenged the allegation leveled against them. This circumstances clearly suggests that the allegation of the complainant is correct one and no need further clarification when the O.Ps themselves have given walkover in the mater of complaint against them.

            Thus we find nothing to disbelieve the unchallenged testimony of the complainant as well as allegations leveled against the O.Ps.

 

            Hence,

                                                                                    Ordered

That the application under section 12 of the C.P Act, 1986 is allowed in exparte against both the O.Ps.

The O.P-1 is hereby directed to refund Rs.1550/-along with interest @9% p.a on and from 13.1.2015 to till its realization to the complainant within 30 days from the date of this order.

Both the O.Ps are jointly and/or severally directed to pay compensation to the tune of Rs.3500/- and litigation cost of Rs.1000/- to the complainant within 30 days from the date of this order, failing which complainant is at liberty to execute the order through this Forum .

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.P through speed post.

 

                                                Member                                                                       President

 

Dictated and corrected by me

                               

 

                        President

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The judgment 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, 1986 is allowed in exparte against both the O.Ps.

The O.P-1 is hereby directed to refund Rs.1550/-along with interest @9% p.a on and from 13.1.2015 to till its realization to the complainant within 30 days from the date of this order.

Both the O.Ps are jointly and/or severally directed to pay compensation to the tune of Rs.3500/- and litigation cost of Rs.1000/- to the complainant within 30 days from the date of this order, failing which complainant is at liberty to execute the order through this Forum .

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.P through speed post.

 

                                                Member                                                                       President