MR LAXMI NARAYAN PADHI, PRESIDENT…           The substance of case is that, the Complainant had purchased a mobile through online from OP.1, make Lenovo VNO4149 A 2001 bearing its IMEI No.868518028344259 & 868518028485656 on dated 11/10/2015 on payment of an amount of Rs.4991/- which was delivered to his Rayagada home address on dt.18.10.2015. After some days of its use, the mobile appears problems like call drops, the display screen does not sleep and is always found on, battery overheating and the cell not working as per its features specified in companies specifications. As there is no service center of Lenovo mobile except Bhubaneswar, the complainant approached the authorized service center at Bhubaneswar and handover the defective set for necessary service but the service officials said that the mobile has some manufacture problems hence it would take one to two months time to mend the same. The complainant resides at Nabarangpur which is a distance of 590 Kms from Bhubaneswar. The complainant several times approached the OP.s to redress the matter but all his requests are in vain thereof. So the Complainant inflicted mental tension, physical injury and financial losses due to the deceptive practices of OP.s. So he prayed before the Forum pleased to direct the OP.s to pay the price of alleged handset and a sum of Rs.20,000/- as compensation and Rs.5,000/- as cost of litigation for such unfair practice and deficiency in service on the part of OP.s.

2.         On the other hand the counsel for OP.1 & 2 has filed nothing except their vakalats, despite sufficient chances given to them, hence they set ex parte as contemplated in Sec.13(2)(b) of the C.P.Act. The complainant has filed cash invoice of the alleged mobile, along with warranty card of the set. The complainant heard the case at length, perused the record and submissions considered.

3.         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.

4.         From the above submissions, it is found that the complainant had ordered to procure the mobile set on dt.11.10.2015 and the same was delivered to him on dt.18.10.2015 on payment of Rs.4991/- and the same became defect with in valid warranty period. As per sale of contract, the complainant approached the service center at Bhubaneswar & also to the Company, i.e. OP.s for necessary repair, but the OP.s neither mend the set nor replaced it with a new one despite of several requests rather the OP kept the set with their own. Considering the evidences, submissions by the complainant, we are of the view that, the mobile set purchased by the complainant has inherent defect and the OP.s failed to provide service to the complainant within warranty period. Thus the complainant sustained mental agony and inflicted financial losses due to the negligence and unfair practices of OP.s, hence he craves the leave of this forum and filed the instant case and prayed for compensation.

5.         From the above discussions and perusing the submissions by the complainant, we are of the view that the alleged mobile set has some inherent defects which could not be rectified by the OP.s. It is further noticed that, despite service of notice of this forum the OP.s are failed to take any initiations to settle the matter with complainant, hence we feel that the action of OP.s is illegal, arbitrary and unfair which amounts to deficiency in service and hence found guilty under the provisions of the C.P.Act 1986, as thus the complainant is entitled for relief.

             Hence, we allowed the complaint against the OP.1 & 2 with cost.

                                      O  R  D  E  R

i.          The opposite parties are severally & collaterally hereby directed to pay the price of the set Rs.4991/- (Four thousand nine hundred & ninety one) only 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, for such deceptive practices, deficiency in service and willful negligence.

iii.       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 20th day of May' 2016.

                   Sd/-                                                                     Sd/-

            MEMBER                                                  PRESIDENT, DCDRF,

                                                                                 NABARANGPUR