Orissa

Rayagada

CC/323/2016

Sri Raja Sekhar Sahu - Complainant(s)

Versus

Maa Markama Electronics - Opp.Party(s)

Self

21 Jul 2018

ORDER

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA,

STATE:  ODISHA.

C.C. Case  No. 323 / 2016.                               Date.    21   .    7   . 2018.

P R E S E N T .            

Dr. Aswini  Kumar Mohapatra,                                      President

Sri GadadharaSahu,                                                          Member.

Smt.PadmalayaMishra,.                                                  Member

 

Sri Raja Sekhar Sahu, @ Mantu Sahu, S/O: Late Jagannath Sahu,  Main Road, Bissamcuttack,    Dist: Rayagada, State:  Odisha.                                                                                                                                                               …….Complainant

Vrs.

1. The Manager, Maa Markama Electronics, Po:Bissamcuttack, Dist: Rayagada (Odisha).
2. The Manager, Intex Technology  India Pvt. Ltd.,  New Delhi.
3. The Manager, Intex Service centre, Rayagada.                                                                                                                           …  Opposite Parties.

For the Complainant:- Sri R.K.Padhy,Advocate,Rayagada.

For the O.Ps  :- Set exparte.

JUDGEMENT

 

The  present disputes emerges out of the grievance raised in the  complaint petition filed by the above named complainant alleging deficiency in service  against  afore mentioned O.Ps for  non  replacement  of mobile  set  which was found  defective   during warranty period.

          The brief history of the case of the complainant is that, he had purchased a Mobile set bearing model No.INTEX (AQUA) SENSE 5.0 ) having IMEI No. 911459550842062 and IMEI No. 911459550842070    on Dtd.22.10.2015 from the OP.No.1 by paying Rs.4,900/-. After some months, with in the valid warranty period, the said mobile set became defective like, Display problems, out going not allowed and power does not on etc. So the complainant approached to the OP.1 on Dt.14.6.2916 and handed over the defective set for repair. The complainant approached the OP.No.1 & 3 for several times to redeemed the mobile hand set but neither the OPs repaired the set nor replaced the same,. Further the complainant approached the OPs  but for no use. So there is deficiency in service on the part of the OPs. Hence he prayed before the forum to direct the OPs to replace the said mobile set and allow a compensation of towards his mental agony and harassment in the interest of justice.

On being noticed  the O.Ps neither entering in to appear before the forum nor filed their  written version inspite of more than  8 adjournments has been given  to them. Complainant consequently filed his memo and prayer to set exparte of the O.Ps.  Observing lapses of around  2 years  for which the objectives  of the legislature of the C.P. Act going to be destroyed to the prejudice of the interest of the complainant.  Hence after hearing  the  counsel for the complainant set the case  exparte against the O.Ps. The action of the O.Ps is against the principles of  natural justice as envisaged  under section  13(2) (b)(ii) of the Act. Hence the O.Ps set exparte  as the statutory period  for filing of  written version was over to close the case with in the time frame permitted by the C.P. Act.

       We therefore constrained to  proceed to dispose of the case, on its merit. 

       Heard from the complainant.   We perused the complaint petition and the document filed by the complainant.

 

         FINDINGS.

         

          It reveals from the record that, the complainant had purchased the said mobile set on 22.10.2015 from the OP.No.1 and paid Rs.4,900/-. That with in valid warranty period the said set became defective and not functioning well, and have 3 spots in the middle of the screen view inter  alia  some time it hangs. The complainant said to have approached the OPs for the rectification of the defects by handover the said mobile set, but till date the OPs have not provided any satisfactory service to it, hence this complaint.

          It is seen from the record that, the complainant has handover the defective mobile set to the OP.1 on  Dt. 14.6.2016, and, where in clearly reported that, the said mobile set has some defects as Supra mentioned in the complaint petition. It is pertinent to mention here that, neither the OPs properly repaired the set, nor replaced  with new one   set.  It is also seen that, the complainant has also approached the other OPs with explain about the defects but all the approaches are in vain. We feel that, the mobile set could not be repaired by the OPs, as there is inherent defect in the said set.

          From the above fact & circumstances it is ascertained that, after issue of notice from this forum no one from the OPs side is present before this forum. The OPs neither appeared nor filed any version to prove their case.  Prima facie the OPs have failed to endeavor proper service to the complainant. Hence in our view the OPs have absolute deficient to render proper service to the complainant for which act of this the complainant sustained losses and entitled for relief.

                  

Hence  to  meet the  ends of justice, the following order is passed.   

                                                          O R D E R

          In  resultant the complaint petition  is allowed  on contest against the O.Ps.

The O.P. No. 2   is directed to return back the defective product from the complainant  inter alia  replace the mobile set   with a new one with fresh warranty without charging any extra amount  inter alia to pay Rs.1,000/- towards cost.      

           

          The O.P. No.1 & 3   are  ordered to refer the matter to the O.P. No.2  for early compliance.

          The entire directions shall be carried out with in 45 days from the  date of receipt   of this order.   Copies be served to the parties  free of cost.

Dictated and corrected by me.

          Pronounced in the open forum on     21st.       day  of    july, 2018.

 

 

 

MEMBER                MEMBER                                                  PRESIDENT