SRI G.K. RATH, PRESIDENT …                The brief history of case is that, the complainant being allured with good features had procured a mobile Lenovo VIBE K5 bearing its IMEI No.861808032300174 & 861808032300182 vide Order Id No.OD107233027070128000, on dated 03.10.2016 and the same delivered on 06.10.2016 from the OP.no.1 for Rs.11,698/-. But after its use the mobile shows automatic switch off, hang and over heat etc. So the complainant approached the authorized service center situated at Bhubaneswar though he tried to rectify the set but failed to do so and they said that the set has some inherent defect and it needs to transmit to the manufacturer company which may delay of one or two months time. Hence the complainant harassed, inflicting upon great mental strain, physical pain and financial losses craves for the leave of this forum and prayed to direct the OP.s to pay the price of alleged handset and a sum of Rs.30,000/- as compensation and cost of Rs.10,000/-. 

2.         The counsel for OP.No.1 & 2 entered his appearance and filed his counter in the case and averred that, the OP.1 only online marketplace platform and just an intermediary of buyer and seller. The OP.1 neither a trader nor a service provider, hence the case is not maintainable and the forum has no jurisdiction to try the case and the complainant wrongly arrayed this OP as a necessary party in the case. Hence the case is liable to dismiss as the complaint is bad for mis-joinder of party. He also contends that the return request of complainant was accepted by this OP but the request was cancelled due to some technical issues. Thereafter the OP.1 tried to contact the complainant but there was no response from his side. Hence there is no deficiency in service on the part of this OP. so he prayed to dismiss the case against the OP.1 & 2 with exemplary cost.

3.         The counsel for complainant has filed copy of invoice of the product, service order sheet and an affidavit in support of his complaint. The counsel for OP.1 & 2 filed copy of some documents in support of his claim. Heard from the counsel for complainant & OP.1 & 2 at length and perused the record.

4.         From the above submissions, it reveals that the complainant being allured with the attractive advertisement in the web portal of OP.1 has ordered the mobile devise in question which he got on dt.06.10.2016 by Rs.11698/- and when the same reported defect within valid warranty of one year, the complainant time and again approached the OP.s reporting the so called defects, but the OP.s neither replaced the set nor paid its cost. Perusing the evidences, submissions by the complainant, we are of the view that, the mobile set purchased by the complainant has some inherent defect and the OP.1 & 3 being the supplier & manufacturer of the product failed to render any satisfactory service to the complainant within warranty period. Thus the complainant suffered mental agony with the defective set, and also inflicted financial losses and valuable times for the negligence and unfair practices of OP.s, hence he craves for the leave of this forum and prayed for appropriate compensation.

4.         From the above discussions and perusing the submissions filed by the complainant, it is noticed that, the OP.s despite receiving notice of this forum are failed to take any initiations to comply the grievance of the complainant and there is nothing to decline the contentions of complainant, per se, we feel that the action of OP.1 & 3 is arbitrary and unfair and against the principles of law of the land, which amounts to deficiency in service hence found guilty under the provisions of the C.P.Act 1986, as thus the complainant is lawfully entitled for compensatory relief. As such the complaint is allowed against OP.no.1 & 3 with costs.    

                                                              ORDER

i.          The opposite party no.1 & 3 supra are jointly and severally hereby directed to pay the cost of the mobile set Rs.11,698/- (Rupees Eleven thousand six hundred & ninety eight) in place of the alleged defective mobile set, inter alia, to pay Rs.5,000/-(Five thousand) as compensation which includes 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 09th day of April' 2018.

MEMB                            MEMBER                                    PRESIDENT,DCDRF,

Memo No__________________/DF                                      Dt…………………………

                                                                                             PRESIDENT,DCDRF,

                                                                                                 NABARANGPUR.