OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, ANGUL
PRESENT:- SRI DURGA CHARAN MISHRA.
PRESIDENT
A N D
Smt.Sunanda Mallick &Sri K.K.Mohanty,
MEMBER .
Consumer Complaint No. 94 of 2017
Date of Filling : - 22.11.2017.
Date of Order :- 28 .08.2018.
Dolo Govinda Muduli,Khalari,Gadapada Sahi,
Angul,Pin- 759132.
_________________________Complainant.
Vrs.
Creative Solution,Gandhimarg,
Near Marrion Tower,Kalani,Angul,
_________________________ Opp. party.
For the complainant :- Lalita Mohan Muduli (Authorised Person).
For the opp.party :- None.
: J U D G E M E N T :
Smt.S.Mallick, Member.
Deficiency of service by the opp.party is the cry of the complainant in the instant case.
2. The case of the petitioner is that, he had purchased a Samsung handset mobile SGH J7 Prime (3/16) from Goel Agency , Angul on 24th October, 2017.He repaired the said mobile phone on 27.10.2017 i.e,just after 3 days at Creative Solutions, Gandhimarg, Angul when he found a problem in mobile display. But he received his repaired hand set without checking it as he had to go to Bangalore and he had no time. When he reached there he noticed the mic of his handset is not working .Then he took the same to the 2nd Samsung Service Center at Bangalore where the engineer told that the said mobile set is out of warranty as the warranty tape was not available there. Accordingly the 2nd service center refused to provide service with free of cost. Being harassed he has filed this case.
3. Despite receipt of notice of this case, the opp.aprty failed to appear, for which he is set exparte.
4. The complainant in support of his case has filed the money receipt of Rs. 12,800.00 towards the sale price of the said mobile handset dt. 24.10.2017, transanction bill towards advance amount of Rs. 1,000.00 in favour the opp.party , for repairing on 27.10.2017, photocopy of mobile display broken part received from opp.party, copy of acknowledgement of service request provided by the Samsung Service Center, Bangalore along with the repair estimation of Samsung mobile hand set dt. 7.11.2017 provided by the service center, Bangalore.
5. We have gone through the contents of the complaint petition and the documents annexed there –to. It is observed that the Samsung mobile set was purchased on 24.10.2017 and it was taken for repair on 27.10.2017 ( i.e after three days of purchase) to the opp.party. Unfortunately by the ignorance of the complainant it was again taken to another authorized service center, Bangalore just after four days of repair where the warranty tape was not available .There is no reason for which the complainant will go for an option to repair his new mobile hand set of just one week in any unauthorized service center .It presumes that the opp.party has not provided the warranty tape after repair. Hence unrebutted presumption becomes proof. Accordingly the opp.party is held liable for deficiency of service.
6. Hence the order :-
: O R D E R :
The case of the complainant is thus allowed exparte against the opp.party, who is directed to repair the Samsung mobile set {SGH J7 Prime (3/16) } with free of cost within a period of 30 days from the date of receipt of this order.
The aforesaid order shall be implemented by the opp.party within a period of month, failing which law shall take its own course.
Order delivered in the open forum today the 28th August, 2018 with hand and seal of this Forum.
Typed to my dictation
and corrected by me Sd/-
(Sri D. C. Mishra)
Sd/- President.
( Smt.S.Mallick)
Member.
Sd/-
(Sri K.K.Mohanty),
Member.
