MR LAXMI NARAYAN PADHI, PRESIDENT…              The fact of case is that, the complainant had procured a Lenovo External HDD bearing its Model No. F309S/NNo. GXBOK28987Z10YL7UJ, on dt.28.05.2016 from OP.no.1 for Rs.4600/- for the purpose to use his laptop and computer devises. That after purchase of just a week the HDD reported defect like it does not display anything in his computer and laptop. So the complainant approached the OP No.1 for several times to replace the product with a new one through OP.2 but in response to his request the OP.1 advised the complainant to approach the OP.2 through email or phone and assured that he will put forward the grievance to the OP.2. Finally finding no other way as per advice of OP.1, the complainant approached the customer care of OP.2 through their toll free number i.e. 180030005366 on dt.11.07.16 at 1.20 P.M. and send email on the same day at 5.42 p.m. and placed his request to repair or replace the product with a new one, but the customer care officials did nothing except evasive assurances. The complainant running a computer game center for the purpose of his livelihood, hence highly depends on his computer and laptop but he restrained from its use due to the substandard product and inaction of OP.s. Hence he inflicted mental agony, physical harassment and financial losses due to the arbitrary action of OP.s. So he prayed before the Forum to direct the OP.s to pay the price of alleged product and a sum of Rs.25,000/- as compensation and cost for such unfair trade practice and deficiency in service on the part of OP.s.

3.         The OP.1 entered his appearance and filed counter in the case. The OP.2 in spite of receiving notice neither appeared nor cared to file his counter in the case despite several chances given to him within its admission. Hence the OP.2 set ex parte as per provisions of C.P.Act.1986. The complainant has filed cash invoice of the alleged product, email paper addressed to OP.no.2 etc. The complainant & OP.1 has been minutely heard the case and perused the record.

4.         The consumer protection act is a socio economic beneficial law, intended for speedy delivery of justice to the aggrieved and needy consumers and every complaint is supposed to be disposed off within a timeframe in consonance with the objects of the benevolent legislature, but inordinate delay in procurement of evidences and counter by the parties have emerged for reaching delirium to achievement of such objects.

5.         From the above submissions, it reveals that the complainant has procured the external HDD in question on dt.28.05.2016 and the same became defect with in a period of one week. It is seen that, the complainant time and again approached the OP.s for repair or replace, but the OP.s neither rectified the product nor replaced the same with a new one despite of several persuasions. Considering the evidences, submissions by the complainant, we are of the view that, the alleged product has some manufacture defect and especially the OP.2 failed to render any service to the complainant deliberately. Thus the complainant inflicted mental agony with the defective device, and also inflicted financial losses and valuable times due to the negligence and unfair practices of OP.s, hence prayed for compensation.

6.         From the above transactions and perusing the submissions filed by the complainant, we have carefully verified the alleged product and found defect. It is further noticed that, the OP.2 despite receiving notice of this forum is failed to take any initiations to settle the matter with complainant and there is nothing to reject the contentions of complainant without filing submission, counter and evidences by the OP.2, hence we feel that the action of OP.2 is illegal, highhanded, arbitrary and unfair which amounts to deficiency in service and hence he found guilty under the C.P.Act 1986, hence the complainant is lawfully entitled for compensatory relief. As thus the complaint is allowed against the OP.2 with cost.      

                                          O  R  D  E  R

i.          The opposite party no.2 supra is hereby directed to pay the price of the external HDD i.e. Rs.4600/- (Four thousand & Six hundred) inter alia, to pay Rs.10,000/-(Ten thousand) as compensation and a sum of Rs.5000/-(Five thousand) towards the cost of litigation to the complainant.

ii.         All the above directions shall be complied with in 30 days of this order, failing which, the total sum will bear 12% interest per annum till its realization. Pronounced on this the 29th day of Sept' 2016.

                            Sd/-                                                        Sd/-

                       MEMBER                                      PRESIDENT, DCDRF,

                                                                                 NABARANGPUR