Orissa

Cuttak

CC/24/2016

Biplab Ku Panda - Complainant(s)

Versus

HTC Corporation - Opp.Party(s)

Self

27 Jun 2017

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.24/2016

 

Sri Biplab Kumar Panda,

At:Kalinga Lane,Mahatab Road,

Cuttack,Dist:Cuttack.                                                                   .… Complainant.

 

Vrs.

1.        HTC Corporation Number-23.

      Xinghua Road,R.D.Taoyuancity,

             Taoyuan Couny-330,M.D.Talwan.

 

2.       Link Telecom Private 102 1^st Floor,

      Continental 83/2/1 Topash Road,

             South Kolkata-700046(W.B),

             (All India Authorized Distributor).

 

3.       Manager,Channel-4,

             Singh Plaza,Dolamundai,

             Cuttack,PIN-753001,

             (Servicing Centre).

 

4.      The Proprietor,Telepoint,

             Chikoo’s,Bajrakabati Raod,

             Infornt of Amber NX,Cuttack,

            District:Cuttack.

                           (Retail Shop).                                                                                            … Opp. Parties.

 

Present:               Sri Dhruba Charan Barik,President.

Sri Bichitrananda Tripathy, Member.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:    25.02.2016

Date of Order:  27.06.2017

 

For the complainant.  :    Self.

For the O.Ps.                :   None.

Smt. Sarmistha Nath,Member(W).

 

                The complainant being a consumer has approached this Forum against the O.Ps for redressal of his grievances under the Consumer Protection Act,1986(Act in short) in terms of his prayer made in the complaint petition.  The allegation made in the complaint petition is with regard to defects in the goods purchased by him and deficiency in service provided and unfair trade practice adopted by the O.Ps.

1. The complainant purchased a mobile hand set (HTC bearing IMEI No.35881260083629 from O.P No.4 for price of Rs.51,800/- on 16.5.2015.  The said phone was insured with New India Assurance Company.  The said mobile has out of order due to an accident and the complainant asked for a quotation from O.P No.4 on 07.08.2015 regarding repair cost of the said mobile phone since it was insured with New India Assurance Company.  Since the O.P No.4 did not provide any such quotation, the complainant deposited the said telephone with O.P No.3 and asked them a quotation to that effect.  Since O.P No.3 did not give such quotation to the complainant on 30.10.2015 the complainant again met O.P No.4 who in turn sent the mobile to O.P No.3 for repair.  The mobile is still continues to be with O.P No.3.  The complainant made several approach to O.P.3 & 4 for a quotation relating to repair of the said phone which yielded no result.  Finding no other way, the complainant filed a suit before this Hon’ble Forum.  He has prayed to direct the O.Ps to repair the said mobile phone and hand over to the complainant and also to pay a sum of Rs.2,00,000/- as compensation towards mental agony and harassment and also supply a copy of quotation relating to the repair of the damaged telephone.
2. The O.Ps neither appeared in this case nor filed their written version.
3. We have heard the complainant at length and gone through the documents and papers filed by the complainant.  It is found from the documents filed by the complainant that he purchased the mobile set from the O.P No.4 and when defects were detected due to an accident he approached the authorized dealer as well as the authorized servicing centre requesting to provide a quotation to the complainant regarding quantum of damages but the O.Ps neither cooperated with the complainant nor returned the mobile set.

In view of the above facts and circumstances of the case, the O.Ps are found deficient in rendering service which amounts to unfair trade practice by them.

                                                                                ORDER

                The O.Ps are directed to supply the damage quotation report to the complainant.  O.P No.3 & 4 are also directed to repair the said mobile phone to the satisfaction of the complainant free of cost and also O.P No.3 & 4 are directed to pay a sum of Rs.20,000/- ( @ Rs.10,000/-each) to the complainant as compensation towards mental agony and harassment.  The repair of the said mobile telephone and payment of compensation as stated above shall e completed within a period of 45 days, failing which the complainant is at liberty to take shelter of this court as per C.P.Act,1986.                                                       

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 27^th     day of June,2017  under the seal and signature of this Forum.

 

  ( Smt. Sarmistha Nath )

                       Member (W)                                                                                                                                                                                                                      (Sri D.C.Barik)

                                                                                                          President.

                                                                                                       (Sri B.N.Tripathy )

                                                                                                            Member