DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, RAYAGADA
AT: KASTURI NAGAR, Ist. LANE, L.I.C.OFFICE BACK PO/DIST: RAYAGADA , STATE: ODISHA, PIN NO.765001, PHONE/FAX NO.06856-223025.
.... C.C. Case No.. 49/ 2014.
Dated. 27th August, 2014.
P R E S E N T .
Sri Pradeep Kumar Dash, LL.B, President.
Smt. Ch. Nirmala Kumari Raju, LLB, Member
Avinash Padhi, S/o Jagannath Padhi, Telephone Exchange Lane, Gandhi Nagar, Po//Dist.Rayagada(Odisha). …………Complainant
Vrs.
1. MAA SALES POINT, Main Road, Tikiri, Dist.Rayagada.
2. Care Manager, Samsung Customer Services, Suites A-25,Ground Floor, Front Tower, Mohan Co-operative Industrial estate, New Delhi-110044.
3. The Manager, Samsung India Electronics Pvt. Ltd.,C-86,Goutam Nagar, Behind Hotel Sishmo, Kalpana Square, Bhubaneswar.
4. Manager, Srikrishna Mobiles, Samsung Service Centre, Rayagada. …….….Opp.Parties
Counsel for the parties:
For the complainant: In Person
For the O.Ps: Sri Ramesh Sahoo & Associates Advocate.
JUDGMENT
1. The facts of the complaint in brief is that the complainant has purchased one mobile phone Samsung-GTS-7562 on 22.07.2013 from the authorized dealer - O.P. No.1 with a consideration of Rs.13,500/- vide I,M.E No. 354905057749006/1. After one week of the purchase the said mobile set started giving trouble like hang, ,net work failure etc. The Complainant immediately complaint the matter to the O.P. NO.1 and the O.p. nO.1 sent the set to the O.P. NO.4 – service centre of the O.P but the that service centre failed to rectify as all the above defects of the mobile set and finding no other option has approached this forum for relief and prayed to direct the O.Ps to refund the cost of the mobile set i.e. Rs.13,500/- and award compensation of Rs.1,000/- along with cost of litigation of Rs.500/- and such other relief/reliefs as the forum deem fit and proper.
2. 2. After receipt of notice though the opposite parties appeared through their Counsel Sri Ramesh Sahoo & Assocites, Advocate and filed Vakalatnama but they did not file written version. In absence of any written version from the opposite party we proceeded the matter exparte and believed the allegations of the complainant and hence, we passed the order and dispose of the matter with the following directions.
ORDER
The opposite parties are directed to refund cost of the mobile set i.e. Rs.13,500/-along with compensation of Rs.1,000/- for mental agony undergone by the complainant and cost of Rs.500/- to the complainant within one month from the date of receipt of this order, failing which the O.Ps are liable to pay interest @ 12% p.a. on the above awarded amount till the date of payment.
Pronounced in open forum today on this 27hday of August,2014 under the seal and signature of this forum.
A copy of this order as per the statutory requirements , be forwarded to the parties free of charge.
Member President
Documents relied upon:
By the complainant:
- Xerox copy of Bill dt.22.07.2013
- Xerox copy of bill No.5815 of service centre.
By the Opp.Party: Nil
President
