MR LAXMI NARAYAN PADHI, PRESIDENT…         The complaint is that, the above complainant purchased a Mobile make Gionee P6 Gold vide its IMEI No.867395021029802 & 867395022529800 on dated 10.02.2016 from OP.1 by paying Rs.6800/-. Later purchase of two months the mobile set reported hang, appears some black points at the face of display, automatic on/off, internet does not works etc. So the complainant personally approached the OP No.1 & 2 for 03 times i.e in the month of April & May'2016 to rectify the defects but the OP.2 being the authorized service center of Gionee mobiles for undivided Koraput District refused to receive the mobile set. He denied to render any service and abuse the complainant in filthy languages with warning to not to come again to his shop. As thus finding no other way on dt.21.04.16 at about 11 A.M & 11.30 A.M, on dt.25.5.16, on 28.05.2016 & on dt.30.05.2016, the complainant contacted the OP.no.3 customer care through phone bearing no.18002081166 but the customer care did nothing except evasive assurances to the complainant. Hence the complainant contended that, the said set has inherent manufacture defect which could not be repaired by the OP.s. The complainant has purchased the mobile set from his hard earned money being allured its good features but he abstained to facilitate the same, hence under compulsion the complainant purchased another mobile by paying Rs.5000/ for his requirement. The OP.s are neglecting to render service & violates the terms and conditions specified in the warranty papers, which amounts to deficiency in service. Hence, the complainant craves the leave of this forum seeking justice. For such illegal action of OP.s, the complainant inflicted great humility, financial hardship and mental agony, hence prayed the Forum to direct the OP.s to pay the price of the said handset and a sum of Rs.50,000/- as compensation and Rs.10,000/- towards cost of the litigation for such arbitrary, highhanded and unfair practices on the part of OP.s.

2.         On the other hand the OP.s neither appeared nor file any counter in spite of several chances given since it’s admission. Hence the OP.s set ex parte as per Sec.13(2)(b) of the C.P.Act.1986. The complainant has filed cash invoice, a photo copy of mobile along with warranty card of the set. The complainant heard the case at length, perused the record and submissions considered.

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.10.02.2016 by paying an amount of Rs.6,800/- alluring better features and the same reported defect with in warranty period. Hence the complainant approached the OP.s for repair, but the OP.s neither received the set nor heard his requests. Considering the evidences, submissions by the complainant, we are of the view that, the mobile set in question has inherent problem and the OP.s failed to provide service to the complainant within warranty period. Thus the complainant sustained mental agony and also inflicted financial losses and valuable times due to the negligence, arbitrary and unfair practices of OP.s, hence under compulsion he filed the instant case and prayed for compensation.

5.         We have carefully verified the alleged unit and found defects on screen and hang problems. It is further noticed that, despite service of notice of this forum the OP.s are failed to take any initiation to settle the matter with complainant and there is nothing to decline the contentions of complainant without appearance, filing counter and evidences by the OP.s, hence we feel that the action of OP is illegal, highhanded, unscrupulous and unfair which amounts to deficiency in service and hence they found guilty under certain provisions of the C.P.Act 1986, as thus the complainant is entitled for relief. As thus we allow the complaint against the OP.3 with cost.

                                                    O  R  D  E  R

i.          The opposite party.3 supra is hereby directed to pay the price of the set Rs.6800/- (Rupees Six thousand & eight hundred) only inter alia, to pay Rs.10,000/-(Rupees Ten thousand) as compensation and a sum of Rs.5000/-(Five thousand) towards the cost of litigation to the complainant, for such deceptive unscrupulous, highhanded, deficiency in service and willful negligence.

iii.        All the above directions shall be complied with in 30 days of this order, failing which, the said sum will bear 12% interest per annum till its realization. Pronounced on 17th day of Aug' 2016.

     Sd/-                                                                       Sd/-

MEMBER                                                       PRESIDENT, DCDRF,

                                                                            NABARANGPUR.

Date of Preparation: 

Date of dispatch      :  

Date of received by                                                           

the A/A for Ops / Complainant  :

Initial of the dispatcher.

                        Memo No_______________                          Dtd…………………………

                        Copy to the parties concerned.

                                                                                                PRESIDENT, DCDRF,

                                                                                                    NABARANGPUR.