Orissa

Cuttak

CC/56/2015

Miss Gayatri Das - Complainant(s)

Versus

C.E.O,Lava International Limited - Opp.Party(s)

Self

25 Nov 2016

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

                                                                                    C.C. No.56/2015

             Miss Gayatri Das,

D/O:Sri Satyanarayan Das,

At:Firingi GBazar,P.O:Telenga Bazar,

Town/Dist:Cuttak.                                                                            … Complainant.

 

                Vrs.

 

1.         C.E.O,Lava International Limited,

A-56,Sector-64,Noida-201 301,Uttar Pradesh.

 

2.        The Proprietor,Mobile Care,

Osiya Tower,Haripur Road,

Dolamundai,Cuttack-753001.

 

3.        The Proprietor,

M/s. Media Telecom,

At:Naya Sarak,P.O:Chandini Chowk,

Cuttack-753001.                                                                                  … Opp. Parties.

 

 

Present:               Sri Dhruba Charan Barik,LL.B. President.

Sri Bichitra Nanda Tripathy, Member.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:   27.05.2015

Date of Order: 25.11.2016.

 

For the complainant:               Self.

For Opp.Parties.    :                  None.

 

 

Sri Dhruba Charan Barik,President.

                The complainant has filed this case against the O.Ps on the ground that they are deficient in rendering service to him and also following unfair trade practice.  He has also prayed for appropriate relief in terms of his prayer in the complaint.

1. The fact of the complainant’s case stated in brief is that the complainant is an eminent advocate of High Court of Odisha.  She has purchased a Lava mobile hand set Model No.iris 450 having IMEI No.911370000145958 on 4.6.2014 from O.P.3 for a consideration of  Rs.6,900/-.  Annex-1 is the copy of the invoice dt.4.6.14 of the said mobile hand set which was having 1 year warranty.
2. It is alleged that from the very date of purchase the hand set developed different problems which could not be satisfactorily utilized by the complainant.  It was noticed that the touch pad, censor and the switch of the said hand set were not working properly.  The incoming calls were not also duly received.  Lastly the complainant deposited the defective hand set with O.P.2 the authorized Service Centre of Lava International Ltd. for repair.  It was received by O.P.2 on 15.11.14.  Annex-2 is the copy of the said hand set receipt dt.15.11.14 issued by O.P.2.  He did not do the repair work for about 20 days on the pretext that the repair work would start only after the work order was allotted by O.P.1 to him.  Subsequently the O.P.2 returned that hand set to the complainant on 4.12.14 stating that all the defects have been removed.  But it was strange to note that similar defects were there in the said hand set as before.  It caused a serious setback to the professional work of the complainant.  Again she deposited the hand set with O.P.2 on 19.3.15 but no repair work was done until 27.3.15.  This is tantamount to gross deficiency in service on the part of the O.P.2 for which the complainant issued a lawyer’s notice to O.Ps 1 & 2 on 27.3.15 by registered post with A/D.  Copy of the job sheet dt.19.3.15 and the copy of the legal notice dt.27.3.15 have been filed respectively and marked as Annex-3 & 4.  Thereafter the O.P No.2 returned that hand seat to the complainant on 3.4.15 stating that the hand set was made functional.  To the utter dismay of the complainant it was again noticed that the same problems persisted in that hand set and no repair work had been done.  Rather some new defects developed for which the hand set was getting switched off automatically.  Thereafter the complainant contacted the O.P.1 through  Company Website by Mail on 9.4.15 and intimated this fact with a request to replace the hand set since it was within warranty period.  Anex-5 is the copy of the said E.Mail dt.9.4.15 sent to O.P.1.
3. The O.P.1 did not respond either to the legal notice or to the intimation by Mail.  Thereafter she again deposited that mobile hand set with the O.P.2 on 28.4.15 for repair.  Annex-6 is the copy of the receipt dt.28.4.15 towards deposit of the defective hand set with O.P.2.  But the O.P.2 sat idle over the matter without undertaking any repair work for a long time.  Lastly on 16.5.15 O.P.2 has returned the hand set to the complainant with almost same defects as were before.
4. The complainant again intimated this fact to O.P.1 on 19.5.15 by Mail.  O.P.1 replied that the said defective hand set needs to be replaced and advised her to again deposit the said hand set with O.P.2 but subsequently O.P.1 sent another Mail to the complainant stating that instead of replacing the hand set would be repaired by O.P.2.  It has added to the mental owe of the complainant.  She was put to mental agony and harassment and exploited by the O.Ps mentally, professionally and financially.  Having no other alternative, she filed the complaint before this Forum.  Annexures-7 & 8 are the copies of Mail dt.19.5.15 and reply of the O.P.1 to it respecteively.
5. The complainant has therefore prayed that in the facts and circumstances of the case, the O.Ps be directed to replace the old defective hand set by a good and new one or in the alternative to refund the price of the said defective hand set to her.  She has also prayed for compensation of Rs.20,000/- towards mental agony and harassment caused to her along with Rs.5000/- towards cost of litigation in the interest of justice.
6. Only  O.P No.3 entered appearance and filed written version of his case.  But he did not participate in the proceeding of the case in any manner.  As such O.Ps 1,2 & 3 were set exparte.
7. The O.P.3 has stated in the written version of his case that this case is not maintainable and there is no cause of action to file the case.  There is also non-joinder of necessary parties in as much as the manufacturer of the defective mobile phone has not been arrayed as a party in this case.  It has been categorically stated that he is only the seller of such mobile handsets and after sale service is the primary concern of the manufacturing company.  As such it is stated that there was no deficiency in service on his part nor is he guilty of adopting unfair trade practice in any manner.  It is prayed that the case against him may be dismissed.
8. We have gone through the case record and Annexures filed by the complainant.  From the above, it is found that the O.Ps are deficient in rendering service to the complainant who is the consumer and they are also guilty of adopting unfair trade practice.  The prayer of the complainant is allowed exparte against the O.Ps1,2 & 3. 

ORDER

The O.Ps are directed to replace the old defective Lava Mobile hand set Model No. iris 450 having IMEI No.911370000145958 by a good and new one or in the alternative to refund the cost of the said mobile hand set to the complainant.  But in the facts and circumstances of the case, the O.ps are directed to pay compensation of Rs.10,000/- together with litigation cost of Rs.5,000/- to her.  This order shall be given effect to within a period of 45 days from the date of receipt of copy of this order.

Typed to dictation, corrected and pronounced by the Hon’ble President in the Open Court on this the 25^th    day of November, 2016 under the seal and signature of this Forum.

                                                                                                                                                  

    (   Sri D.C.Barik )

                                                                                                                     President.

                                                             

 

                                                                                                    (Sri B.N.Tripathy )

                                                                                                                    Member.

 

                                                                                                              (Smt. Sarmistha Nath)

                 Member(W)