Orissa

Jajapur

CC/28/2017

Avinash Rout. - Complainant(s)

Versus

Intex Technologies (India)Ltd. - Opp.Party(s)

23 Aug 2017

ORDER

                IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

                                                        Present:      1.Shri Jiban ballav Das , President

                                                                            2.Sri Pitabas Mohanty, Member,

                                                                            3.Miss Smita Ray, Lady Member.                       

                                              Dated the 23rd day of August,2017.

                                                      C.C.Case No.28 of 2017

Avinash Rout S/O Dhoina Rout

Vill. Erasandha ,P.O/ P.S.Jenapur

 Dist.-Jajpur.                                                                            …… ……....Complainant .                                                                       .

                   (Versus)

1.Intex Technology (India) D.18/2 Okhla Industrical Area ,Phage-11,New Delhi

2.Proprietor , Chittaranjan Mallick, Lava Care,Chorda by pass,Near Sareeta

  Hotel,Jajpur Road,Jajpur.

3.Higula Mobile, Main road  (Infront of Kalpana) Jajpur Road, Dist.Jajpur.

                                                                                                                            ……………..Opp.Parties.                  

For the Complainant:                                  Self.

For the Opp.Parties : No.1 and 2                None.

For the Opp.parties: No.3                           Sri S.Samal,Advocate.                                                                                               

                                                                                     Date of order:   23.08.2017.

SHRI  PITABAS  MOHANTY,  MEMBER  .

Deficiency in service is the grievance of the petitioner.

            The fact of the dispute in brief is that the petitioner purchased INTEX mobile bearing No. IMEI No.911442504768641 ,qua  power plus paying the  cost of Rs.9,200/- on dt.02.11.15 vide invoice No.66 from Hinguala mobile Shop, jajpur Road, jajpur. After some days of purchase the  said mobile was not functioning properly due to machinery defect.  The petitioner informed the seller (O.P.No..3)  and as per advice of the seller,  the petitioner contacted  O.P.no.2 (service center) . The O.P.no.2 kept the mobile with him to  rectify the defect.

            Thereafter  the petitioner visited several times to the service  center (O.P.no.2)  to receive  his mobile but the O.P.no. 2 (service center ) neither rectified  the defects of the mobile nor handed over the said mobile to the petitioner  .In this way  the petitioner has spent   more than 10,000/ for transport and other expenses . Accordingly finding no other way the petitioner has   knocked the door of this Fora  with the prayer to direct the O.Ps to pay compensation Rs.50,000/- for harassment and mental agony.

            There are three numbers  of O.Ps in the present dispute. The O.P.no.1 and 2 did not choose to appear nor contested the dispute by filing written version  .  Hence , they have been set exparte on dt.02.8.17.

The O.P.No.3 filed the written version through their learned advocate  taking the stand that:

1. The complaint has purchased one INTEX Mobile set up aqua power plus model from his shop on dt. 02.11.15 with cost of Rs.9,200/-.
2. That after purchase on  dt. 02.11.15 the said mobile set was used by the petitioner . Thereafter when the petitioner’s mobile became dead and unable to function,  the petitioner  had  handed over the mobile set to O.P.no.2  to repair /replace .  These facts were  never intimated to O.P.no.3 .
3. That it is well settled  principle that if any mobile set is damaged due to manufacturing defect the producing company will be liable to replace /repair the same as per condition of the warranty card.
4. That present O.P is no way responsible from any damage of the mobile set  after sale .   Apart from that the petitioner neither submitted the alleged mobile set to  the present O. P  nor the  O.P.no.3 assured the petitioner to repair/replace the same.  Thus the  present O.P  is no way liable and  responsible  for  the allegation of the petitioner .

Under the above mentioned circumstances the case of the petitioner  may kindly be dismissed.

On the date of hearing we heard the arguments from the side of the petitioner .

After perusal of the record along with documents  filed from both the sides it is observed that ;

It is undisputed  fact that the petitioner purchased  the alleged mobile set  from O.P.no.3   paying the cost  of Rs.9.,200/ vide invoice no.66. dt. 02.11.15. It is also not  disputed  that the alleged mobile  set provide one year warranty by the manufacturer from the date of purchase. It is also the  fact that due to  some problem in the mobile set the petitioner deposited the mobile before O.P.no.2 who is the authorized service centre of O.P.no.1 vide job sheet no.  6101/4053006T001 dt.17.10.2016  . But  the service center(O.P.no.2)  did not returned the mobile set  to the petitioner .

On the other hand the O.P.no.1 and 2 neither appeared nor filed any written version .

Hence, we  accept the statement of the   petitioner made in the complaint petition  as uncontroverted as per observation of the Hon’ble State Commission, Odisha reported in 2003-Vol-96p,15 C.D. Case No.37/02 wherein it is held that :

            In absence of the written version  by the O.P this Forum is bound to accept the uncontroverted statement  of the complaint petition  .

And

2013 (1) CPR-507.NC wherein it s is that

            In  case W.V not filed after  several opportunity it has no defence on merit.

Hence this order

            The O.P.No.1 and 2 is directed to supply  a new mobile set same model /same feature or refund the  price of the said mobile  along  with Rs. 2,000/- (two thousand )  as litigation charges to the petitioner within one month after receipt of this order, failing which the petitioner is at liberty to take steps as per law.       

                        This order is pronounced in the open Forum on this the 23rd day of August,2017. under my hand and seal of the Forum.