DISTRICT CONSUMER DISPUTES REDRESSAL FORUM. BOLANGIR.

                                    ……………….

Presents:-

1. Sri P.Samantara, President.
2. Sri G.K.Rath, Member.
3. Smt. S.Rath, Member.

                       Dated, Bolangir the 13th day of July 2016.

                       C.C.No.82 of 2015.

Prasanta Kumar Satapathy son of Bhabagrahi Satpathy.

At/P.O- Ghaurli, P.S.Belpada, Dist- Bolangir.

                                                                               ..            ..            Complainant.

                        -Versus-

1.Ganesh G Sales,Samsung Smart Café, At-Main Road,

   Kantabanji , P.O/P.S-Kantabanji, Dist- Bolangir.

2.Samsung India Electronics Pvt. Ltd. A-25, Ground Floor,

   Front Tower, Mohan Co-operative Industrial Estate, Suites,

   New Delhi, Pin- 110044/

3.Samsung Service Center, In front of Pitchu Hotel,

   Gandhinagarpada, Bolangir Town, Bolangir.

                                                                                ..           ..            Opp.Parties.

Adv. for the complainant- None.

Adv. for the O.Ps            - None.

                                                              Date of filing of the case- 9.11.2015.

                                                              Date of order                   -13.07.2016

JUDGMENT.

Sri P.Samantara, President.

1.              In the matter of an application u/s.12 of the Consumer Protection Act,1986 filed by the complainant alleging deficiency in service against the Opposite Parties.

2.             The complainant purchased on Samsung Z130H TIZEN model mobile from Ganesh G Sales, Kantabanji against Rs 4,990/- vide invoice No.50 dt.28^th April 2015.

The above noted mobile, post one month purchase goes repeated off and function is improper and loaded with multiple defects. In intimation the defect they failed to give service in removal of said defects, which is within the warranty period even repeated approach failed and lastly refused to provide any service. Relied on purchase invoice photo copy and affidavit.

3.             In pursuant to notice, the O.Ps neither appeared nor made any version, having giving with many opportunities.

4.                Heard the complainant at length. Perused the materials on record.

5.                Perusal of record reveals, notice has been issued and made sufficient u/s.28A of the Consumer Protection Act. Even after sufficient notice the O.Ps willfully defaulted. So the case is decided u/s.13(2) of the Consumer Protection Act as per the evidence on record.

6.                The product of Samsung mobile has purchased on dt.28.04.2015 for a consideration of Rs 4,990/- (Rupees Four thousand nine hundred ninety.),so the complainant is a bonafide consumer in exercise of its right. The case does not suffer barred of limitation or jurisdiction. Thus maintainable.

7.                The Samsung Mobile model No.-Z130 H TIZEN bearing IME No-357394/06/445157/4 developed multiple defects. The owner of the shop or the service did not care to entertain the complain in spite of repeated approach. Even the mobile shop and service Centre dare not to appear in getting forum’s notice. Such callousness in either the service provider is negligence and gross commission of default in non rendering service. And we come across the service Centre is a habitual non appeared institution and willful defaulter.

8.               The record as reveals, the money paid by the complainant can’t go forfeited. so also as per the law and warranty provision, the refund of money or exchange of production along with penalties be liable. Our same view is fortified by the observation that Held ;- It is the duty of manufacturer/dealer to repair defects in a product during warranty period within a reasonable time- Krishna Kumar Sahoo –Vrs- Manager,Jai Shri Electronics- 2010(1) CPR 149.

9.               In the present case, it is evidential, no step has been taken to remove the defects or substitution of the product and complainant is languishing in mental agony and harassment. The deficiency service is confirmed and the O.Ps are liable for callous and deficient. Hence ordered;

                                        ORDER.

(I)              The O.Ps are jointly and severally liable to pay the petitioner a sum of Rs 5,000/- the subscribed amount within 30 days of this order, along with @ 8% interest per annum incurred thereon, from the date of purchase, till realization, failing which Rs 10/- per day penalty will charge till payment  and also receive the defect mobile.

(II)            Non adherence to call of the forum to appear will also accrue Rs 500/- on each of the O.Ps to pay and same be paid to the complainant.

(III)           All the banks are directed within the periphery of Bolangir and Kantabanji to cease the SB/CA of all O.Ps immediately, till compliance of this order.

ORDER PRONOUNCED IN OPEN FORUM THIS THE  13TH     DAY OF JULY 2016.

S.Rath                                     G.K.Rath.                                     (P.Samantara)

MEMBER                                MEMBER.                                       PRESIDENT.