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,MEMBERS
.
Consumer Complaint No. 92 of 2017
Date of Filling : - 10.11.2017.
Date of Order :- 10.09.2019.
Sri Anil Kumar Sahoo,S/O.Sri Ashok Ku.Sahoo,
Vill/P.O.Khaliborei,P.S.Rasol,Dist.Dhenkanal.
_____________________________________________Complainant.
Vrs.
01. Galaxy Mobile,Represented through
its Proprietor,Room No.01 & 23 & 28,
Sheetal Plaza, P.O/P.S/Dist.Angul.
02. Lenovo Care, Representedthrough its
Proprietor,Sahid Nagar,Bhubaneswar, Dist.-Khurda
03. Lenovo (India) Pvt.Ltd.,Ferms Icon Level 2,
Doddenak Kandi Village,Marathahalli Outer
Ring Road,K.R.Puram,Hobli,Bangalore-560037.
_____________________________________Opp. parties.
For the complainant :- Sri D.K.Pani & associates(Advs.).
For the opp.parties :- None.
: J U D G E M E N T :
Smt.S.Mallick, Member.
The case in brief is that, the complainant had purchased a mobile set of Lenovo ZUK model for Rs. 13,600.00 from opp.party No.1 i.e Galaxy Mobile and obtained a cash memo dt. 30.10.2016 which was also insured by paying Rs. 1300.00. The said mobile was under warranty for one year. But on 29.09.2017 the said mobile set became dead and the complainant intimated the matter to opp.party No.1 who advised the complainant to take the said mobile to the service centre ,Bhubaneswar. Accordingly the complainant lodged his complaint at opp.party No.2 i.e Lenovo Care where it was found dead by opp.party No.2 ( service provider). Then he returned back and approached to opp.party No.1 who again refereed the hand set to opp.party No.2 for repairing by his own system. But later he returned back the said hand set as the defect cannot be removed. As it plays important role in maintaining our day to day life, complainant suffered a lot for the non-functioning of the mobile hand set. Inspite of several approach, made by the complainant to the opp.parties he could not get the proper service from the opp.parties. Hence the complainant has approached this forum for justice.
2. The complainant in his petition has claimed the defective set to be replaced with a new one or to refund Rs. 13,600.00 i.e, the price of the hand set along with Rs. 1,300.00 i.e insurance premium,Rs.50,000.00 for deficiency in service and Rs. 5,000.00 for cost of this case.
3. The cause of action arose on 29.9.2017 where the mobile hand set became out of order(dead) .
4. After receiving the notice the opp.parties did not appear and hence the opp.parties are set exparte.
5. Since the claim of the complainant is not controverted, we donot find any reason to take a contrary view of his claim.
The life of a mobile set is not just for a few months. Within a span of ten months the set did not work. The standard of Lenovo mobile should always live upto its reputation and the behavior of the opp.parties should have been so consumer friendly that the complainant should not have felt the pinch of having a defective hand set. Every person who purchase a mobile hand set has enormous sentiment values attached to the same. If any defect is arose it should have been removed.
6. The opp.party Nos.1,2 & 3 being the seller , the service provider and manufacturer of the said mobile hand set i.e Lenovo ZUK model in our considered view, was under obligation either to replace the said mobile set or refund the consideration amount received. The insurance amount cannot be refunded to the complainant as the complainant has not produced any bill regarding it before the forum. So far as the liability of the opp.parties is considered it is the issue between the manufacturing company, service centre and dealer ,for which the complainant cannot be made to suffer.
7. Hence ordered :-
: O R D E R :
The case is allowed exparte against the opp.parties, who are directed to replace the defective mobile set (Lenovo ZUK) with a new set or refund the cost of mobile set i.e Rs.13,600.00 (Rupees Thirteen Thousand Six Hundred) along with the compensation of Rs. 2,000.00 (Rupees Two Thousand) towards mental agony and Rs. 2000.00 (Rupees Two Thousand ) towards cost of litigation to the complainant within a period of one month from the date of receipt of this order.
It is made clear that in case of any deviation of this order by the opp.parties then they shall pay 12% interest per annum on the awarded amount i.e ( Rs. 13,600.00 + Rs.2,000.00 + Rs.2,000 = Rs.17,600.00) from the 31st day of this order.
The complainant is directed to return back the defective mobile hand set to the dealer i.e Galaxy Mobile after getting the awarded amount. The case is disposed of accordingly.
Order delivered in the open forum today the 10th September, 2019 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),
