Orissa

Jharsuguda

cc/56/2014

Tumbanath Das - Complainant(s)

Versus

LAVA Interationals Ltd - Opp.Party(s)

Self

19 Jan 2015

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

                                        

                           CONSUMER  COMPLAINT  CASE NO. 56 OF 2014

 

Tumbanath Das (62 Yrs.),

R/O: BTM Colony, Qr. No. H/18,

PO: Industrial Estate,

Dist- Jharsuguda, Odisha, Pin Code- 768203…………..……..………. Complainant.

     

                                           Versus 

 

1. LAVA Internationals Ltd.,

A-56, Sector-64, Noida-201 301 (UP).

 

2. A-One Mobiles & Accessories,

Near Hotel Meghdoot,

At: Main Road( Jharsuguda),

PO/Dist: Jharsuguda, Odisha, Pin Code- 768 201..................... Opp. Parties.

 

 

Counsel for the Parties:-

For the Complainant                            Self.

For the Opp. Party No.1                     Shri R.K.Sharma, Adv. & Associates.

For the Opp. Party No.2                     Shri. S.K.Patel, Adv. & Associates

 

Date of Order: 19.01.2015

 

Present       

                                             1. Shri S.L. Behera, President.

                                             2. Shri S.K. Ojha, Sr. Member.

                                             3. Smt. A. Nanda, Member(W).

                                                                               

Shri S. K. Ojha, Sr. Member: - The complainant’s case in brief is that, he had purchased one LAVA ARC 111 mobile hand set by paying Rs.1,200/- only on dtd. 02.07.2014 having warranty of one year with assurance by the O.P.No.2. The said mobile hand set started occurring problem on dtd. 03.08.2014 for which the complainant informed to the O.P.No1 and the O.P.No.1 returned the said hand set without repairing by stating that there is no service center of LAVA mobile at Jharsuguda and the complainant has to contact the customer care of LAVA mobile and repair the same at own risk.  The complainant contacted through e-mail to the customer care but the O.Ps. did not respond in this regard, hence this case, for relief as mentioned in the prayer portion of the complaint petition.

 

             Being noticed, the O.Ps. appeared through their counsels. The O.P.No.1 filed  written version along with a Demand Draft of Rs.1,500/- only dtd. 27.11.2014 ( in original) in the name of complainant. The O.P.No.2 also ready to give a new defect free mobile hand set along with Rs.300/- only towards compensation to the complainant in the Second  National LOK Adalat held on dtd. 06.12.2014.

 

On dtd. 06.12.2014 the said case was posted for 2nd National Lok Adalat for speedy disposal. All the parties are present, heard from both the side in length but the complainant did not agree to receive the new mobile hand set along with compensation, hence posted for further final hearing.

 

Heard from both the sides with perusal of the case record including materials available, it is noted that the complainant has purchased mobile hand set of LAVA brand from the O.P.No.2 by paying Rs.1,200/- only with a warranty of one year from the date of purchasing i.e. 02.07.2014. After being trouble occurred within the warranty period and after repeated requests by the complainant to the O.Ps., the O.Ps. agreed to comply the warranty condition along with some compensation amount but the complainant did not agree.

 

As the O.Ps are agreed to comply the warranty conditions along with compensatory costs and already deposited a Demand Draft of HDFC Bank bearing No. 032496 dtd. 27.11.2014 in favour of the complainant amounting Rs.1,500/- only before this Hon’ble Forum in early date, without challenging the complaint case, this Hon’ble Forum also deems fit on the said amount of Rs.1,500/- only in total while adjudicating the matter.

 

Hence the complainant is directed to receive the said Demand Draft of Rs.1,500/- ( Rupees one thousand five hundred) only of HDFC Bank bearing No. 032496 dtd. 27.11.2014 filed by the O.Ps. with no cost to either of the parties.   

 

Accordingly the case is disposed of.

 

Order pronounced in the open court today on this the 19^th   day of January 2015, copy of this order shall be communicated to the parties as per Rule.

 

                               I Agree.                                  I Agree. 

                                                                                                          

               Sd/-A.Nanda, Member (W)        Sd/-S.L.Behera, President         Sd/- S. K. Ojha, Sr.Member         

                               Dictated and corrected by me.

 

                     Sd/-  S. K. Ojha, Sr. Member