DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO. 40 OF 2016
Gopal Dey,
S/O: Late Sunil Dey,
R/O: Near Bus Stand, Jharsuguda,
PO/PS/Dist: Jharsuguda, Odisha,………..…………..……..………. Complainant.
Versus
Intex Care,
Regional Service Particepate, R.K. Associates,
At: Beheramal ( Blue Dart) Sahu Building,
PO/PS/Dist: JharsugudaOdisha……………………...................... Opp. Party.
Counsel for the Parties:-
For the Complainant Self.
For the Opp. Party None (Ex-Parte).
Date of Order: 23.08.2016
Present
1. Shri S.L Behera, President.
2. Shri S.K. Ojha, Member.
Shri S.K. Ojha, Member: - The complainant’s case in brief is that, he had purchased one Intex mobile hand set having model No. AQUA-3G-strong from Mamata Video Cassates by paying Rs.3,300/- only on dtd. 09.12.2015. The said mobile hand set started occurring problem since 03.06.2016. The complainant went to the O.P, where the O.P assured to repair but told him to come to date 23.06.2016. The complainant went to the O.P on that date but his workshop was locked up and on the next date also. Being harassed the complainant filed this case for relief.
Being noticed through this Forum, the O.P. neither appeared before this Forum nor submit his written statement, hence the O.P. set ex-parte.
On perusal of the case record including materials available, it is noted that the complainant has purchased mobile hand set of Intex Aqua-3G-Strong by paying Rs.3,300/- only on dtd. 09.12.2015. Since dt.03.06.2016 the said mobile hand set started occurring problems. The complainant went to the O.P for intimation and repairing of the same. The O.P issued a job sheet / service report where it was mentioned that the said mobile handset was under warranty period. After repeated visiting by the complainant to the O.P., the O.P. did not respond. The O.P. kept silent after being noticed by this Hon’ble Forum, which reveals that the O.P. has nothing to say in this case.
After occurring the problems in the said mobile handset of the complainant within the period of the warranty, the O.P. neither repaired the mobile hand set nor replaced the same, which is nothing but deficiency in service on the part of O.P. The complainant is entitled to get relief along with compensation, hence the order as follows;
ORDER
The O.P.is hereby directed to replace the said defected mobile hand set having brand and model Intex Aqua-3G-Strong to a new defect free mobile hand set of same brand having same price or to return the price of same hand set i.e. Rs.3,300/- only along with pay a sum of Rs.1000/- ( Rupees one thousand) only towards harassment, mental agony and cost of the case to the complainant, within 30 days from the date of receipt of this order, failing which interest @ 10% per annum will be charged on the whole awarded amount till realization.
Accordingly the case is disposed of.
Order pronounced in the open court today on this the 23rd day of August, 2016, copy of this order shall be communicated to the parties as per Rule.
I Agree.
S.L.Behera, President S.K.Ojha, Member
Dictated and corrected by me.
S.K.Ojha, Member