West Bengal

Bankura

CC/59/2019

Riya Samanta - Complainant(s)

Versus

Jyotsna Electric and Electronic - Opp.Party(s)

Jayanta Kumar Mukhopadhyay

01 Dec 2022

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION BANKURA

Consumer  Complaint  No. 59/2019

Date of Filing : 23.12.2019

Before:

1. Samiran Dutta                Ld. President.      

2. Rina Mukherjee               Ld. Member. 

3.  Sudhakar Ghosh             Ld. Member.

 

For the Complainant: Ld. Advocate Jayanta Kr. Mukhopadhyay

For the O.P. None  

Complainant    

Smt Riya Samanta , W/O Kalyan Samanta , Resident of Vill – Hatbari ,P.O. Nutangram, P.S . Onda , District . Bankura, Pin. 722101

 Opposite Party 

1. Jyotsna Electric & Electronics, Lalbazer, Krishna Trading, Bankura, P.O. , P.S. & District . Bankura, Pin – 722101.
2. Pramila Infotech, Ashiyana Appartment , G. Floor, 2^nd Feeder Road , Lalbazer , Bankura, P.O. , P.S. & District – Bankura, Pin- 722101.

FINAL ORDER / JUDGEMENT

Order No.21                                                                             

Dt. 01-12-2022

Hazira is filed on behalf of the complainant through Advocate.

The case is fixed for filing W.V. by the O.P. I/D Ex-parte hearing.

It appears from the record that in spite of service of notice O.P.s never turned up before the Commission nor filed any W.V. and ultimately the Commission passed the conditional order as above. So the case is taken up for Ex-parte hearing.

The complainant purchased one Mobile set of Model Redmi 6 (3132), Colour Gold, IMEI No.863963041065553, 863963041065561 on 30-06-2019 for Rs.6,999/- from O.P.1 under Cash Memo. But in the first week of October, 2019 within the period of Warrantee the Mobile set was not working properly and it was intimated to the service centre/O.P.2 for proper servicing but nothing was done to make the Mobile set in working condition. In the mean time the Complainant approached the Assistant Director, C.A. & F.B.P., Bankura Region without any effect.

                                                                                                                             Contd……p/2

 

  Page 2

 

In support of the claim the complainant has produced Cash Memo and the Service Report submitted by O.P. No.2 wherefrom it is seen that the Mobile set was in Warrantee period and it was faulty as T.P. not working and handset bent. It is the duty of the Mobile seller to cater proper service and maintenance of the Mobile set within the Warrantee period. Though the O.P.2 / Service Centre has discharged his duty but O.P. 1 has failed to replace the Mobile set or refund the price to the complainant which tantamount to deficiency in service within the meaning of Consumer Protection Act.

The complainant is entitled to get Rs.6,999/- as the value of the Mobile set with compensation of Rs.1,000/- . The case succeeds Ex-Parte.

Hence it is ordered………

 

That the instant case is allowed Ex-Parte against O.P. No.1 and dismissed against O.P. No.2.

O.P. No.1 is directed to pay to the Complainant Rs.6,999/- together with compensation of Rs.1,000/- within one month from this date failing which the complainant is at liberty to recover the same through execution process.

 

Let a copy of the order be supplied to both parties free of cost.

 

                                   __________________                       ________________                            ________________

                              HON’BLE   PRESIDENT                 HON’BLE    MEMBER                   HON’BLE    MEMBER