MR LAXMI NARAYAN PADHI, PRESIDENT…           The factual substance of case is that, the complainant being an educated unemployed, had purchased a mobile, make Micromax A 106 bearing its IMEI No.911422356012678 on dated 28/02/2015 from OP.no.2 by paying an amount of Rs.8000/- and obtained cash receipt and warranty card etc. After some days of its use, the mobile appears troubles like hang, automatic switch on/off while calling, battery overheating etc. So the complainant approached the authorized service center situated at Berhampur on dt.07.12.15 who in result kept the set for whole day and finally mend the set and handover the same to the complainant at evening and the complainant returned with the set to Nabarangpur. But later the complainant found that the set persist the same problems as it was in previous. Hence the complainant approached the service center at Berhampur for the defects, to which he said that the set has some manufacture defect and only the company can repair or replace the same. As per advise of service center the complainant approached the other OP.s but for no result thereof. The complainant purchased the set for his basic necessities by attracting the features, but he refrained from the same due to such a poor deportment of OP.s. So the Complainant inflicted mental tension, and financial losses. So he prayed before the Forum 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 entered his appearance and filed counter, wherein except evasive denials could not prove anything in contradiction to the complaint. The complainant has filed original retail invoice of the alleged mobile set, service job sheet and warranty papers etc. The counsel for OP.1 and complainant minutely heard the case at length and perused the records.

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 has procured the mobile set on dt.28.02.2015 by paying an amount of Rs.8000/- and the same appears defect in warranty period of one year. As per terms & conditions of warranty the complainant approached the OP.s for necessary repair, but the OP.s neither mend the set nor replaced it with a new one despite of several requests. 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 with the defective set, and also inflicted financial losses and valuable times due to the negligence and unfair practices of OP.s, hence he craves the leave of this forum and prayed for compensation.

5.         From the above discussions and perusing the submissions by the complainant, we have carefully examined the alleged mobile set and found defects. It is further noticed that, despite service of notice of this forum the OP.s are failed to take any actions to settle the matter of complainant, hence we feel that the action of OP.s is illegal 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.no.1 & 2 with cost.

                                                O  R  D  E  R

i.          The opposite parties 1 & 2 supra are severally & collaterally hereby directed to pay the price of the set Rs.8000/- (Rupees Eight thousand) 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