Orissa

Jharsuguda

CC/9/2018

Tularam patel S/O- Lokanath Patel - Complainant(s)

Versus

Consulting Rooms Pvt.Ltd - Opp.Party(s)

Self

24 Jul 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

                                        

                                                     CONSUMER  COMPLAINT  CASE NO. 09 OF 2018

 

Tularam Patel ( 46 Yrs.),

S/O: Lokanath Patel,

R/O: Vill-Lahandabud, PO: H.Katapali,

PS/Dist: Jharsuguda, Odisha,……………….…….……..……..………. Complainant.

     

                                           Versus 

 

1. Consulting Rooms Pvt. Ltd.

Head Office Address: 12^th Floor, Amblence Tower,

NH-08 Gurgaon-122 002, Haryana.

 

2. Customer Care, Devayoni Support Service India Pvt. Ltd.,

Bhubaneswar, Bapuji Nagar,

Tel.No. 0674-2597859/ 2597929.………………….................... Opp. Parties.

 

Counsel for the Parties:-

For the Complainant                                     Self.

For the Opp. Parties                                    D.K.Patel,Adv. Associates.

 

Date of Order: 24.07.2018

 

Present

                                                                                 1. Shri S.L.Behera, President.

                                                                                2. Shri S.K. Ojha, Member.

                                                                               3. Smt. A. Nanda, Member (W).

 

Shri S.K. Ojha, Member :- The complainant’s case in brief is that, he had purchased one Panasonic mobile hand set through online by paying Rs.8,549/- only by placing online order  dtd. 16.05.2017 which was received within a week. The said mobile hand set started occurring problem of not charging after few days of its purchase. The complainant went to the O.P. No.2 and handed over the mobile where the O.P.No.2 assured to repair within 3 days. The complainant stayed there for three days but the O.P.No.2 told him to come after a week. The complainant returned back. The complainant did not get any intimation regarding repairing of the mobile till date and contacted the O.P.No.1. The O.P.No.1 gave assurance to wait for one month but the mobile has not been repaired. Being harassed the complainant filed this case for relief.

 

Being noticed through this Forum, the O.Ps. appeared before this Forum and filed their  written statement wherein it has been stated that the complainant made complaint to the Service Centre for the first time after seven month of purchase.  The complainant regarding connector charging issue which was properly attended and it was ready for delivery on dt. 12.12.2017 by replacing the PCB of mobile.  The complainant was repeatedly informed but he never came to collect the same and the case should be dismissed.

 

Heard the matter from both the sides and on perusal of the case record including materials available, it is noted that the complainant has purchased mobile hand set of model Panasonic Eluga Ray Max (Space Grey,32 GB) by paying Rs.8,549/- only from the O.P.No.1 by placing online order dtd. 15.05.2017. The O.P.No.1 issued a Tax Invoice along with the said mobile. Within the period of warranty the said mobile started problem of connector charging against which the complainant deposited the same before the O.P.No.2 at Bhubaneswar on dtd.01.11.2017 for repairing but till date he has not received his said mobile. The O.Ps. stated that the said mobile was repaired since dtd.12.12.2017 and it was ready for delivery and the complainant was informed to collect the repaired mobile but  the O.Ps. failed to prove on the same.

 

As the mobile hand set is under warranty period, the complainant managed to submit his defected mobile hand set before the O.P.No.2 located at Bhubaneswar and after assurance he stayed for few days there but no result. Finally it was repaired since dtd.12.12.2017 but he was not communicated.

Hence on the above facts and circumstances the O.Ps are found to be deficient in their service. The complaint petition is hereby allowed with following directions in form of order; 

ORDER

                           

The O.Ps. are hereby directed jointly and severally to replace the said defected mobile hand set having same brand  and model to a new defect free mobile hand set of same price or to return the price of same hand set i.e. Rs.8,549/- only along with pay a sum of Rs.3000/- ( Rupees three thousand) only towards harassment, mental agony including litigation cost to the complainant, within 30(thirty) days from the date of receipt of this order, failing which interest @ 10% per annum will be charged on the whole awarded amounts till realization.

 

Accordingly the case is disposed of.

 

Order pronounced in the open court today on this the 24^th day of July, 2018. Free copy of this order shall be communicated to the parties as per Rule.

          I Agree.                                                                             I Agree.                                                                                          

                                                     

  A.Nanda, Member( W)         S. L. Behera, President          S.K.Ojha, Member       

                                  Dictated and corrected by me

 

       S.K.Ojha, Member