Orissa

Rayagada

CC/203/2016

Sri Surendra Behera - Complainant(s)

Versus

Manager EZpne Pvt., - Opp.Party(s)

Self

30 Nov 2016

ORDER

          DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA

 

                                                      C.C. Case  No.203/ 2016.

                                                                       

 P R E S E N T .

Sri Pradeep Kumar Dash, LL.B,                             President.

Sri Gadadhara Sahu, B.Sc.                                    Member

            Sri Surendra Behera,S/o Sri B.Ram Prasad Rao,aged about 50 years, resident of     Goutam Nagar, 2^nd Line, Po/Ps/Tah/Dist. Rayagada,765001,Odisha.                                                                                                                                                 ………Complainant

Versus

1. Manager,E-Sone-PT,Bhubaneswar, Saheed Nagar, Suruchi Plaza, Plot No.29835,A/B At: Saheed Nagar, Janapath, Bhubaneswar,751018, Dist. Khurda, Odisha.765001,
2. Manager, Customer Service, Samsung  India Private Limited, .Ground  Floor, Front Tower, Mohan Co-operative Industrial Estate, New Delhi-110044.                                                                                                                        ……...Opp.Parties

Counsel for the parties:

For the complainant: In Person

For the O.Ps: Sri K.Ch.Mohapatra & Associate Advocate, Rayagada.

 

                                                            JUDGMENT

                        The facts of the complaint  in brief is that,  the complainant has purchased  one  Samsung 4G mobile   from O.p. No.1 with a  consideration of Rs.9,900/- on 15.10.2015  but  after few days of  its  purchase the mobile set  was found defective and it could not be used properly for which  the complainant approached the service centre  but  the service centre  failed to remove the above defects   and hence finding no other option  the complainant  approach this forum and prayed to direct the O.ps  to refund the cost of  Rs.99500/- . and  award compensation for mental agony  and such other relief as the forum deem fit and proper . Hence, this complaint.

                         On being noticed, the O.ps appeared  through their advocate and filed written version inter  alia denying the petition allegations on all its material particulars. It is submitted by the O.Ps that  the OP 1 is the dealer  having his shop and business at Bhubaneswar and OP 2  has registered office at New Delhi and in view  of Sec.11(2) of the C.P.Act,1986  all the Ops are  neither residing or having their business shops/offices within the local limits of District  Consumer Forum at  Bhubaneswar or New Delhi,  so the cause of action for filing the present case  under this forum had never arose. Hence, the case against the OP 2  be dismissed.

            On the basis of the pleadings, the following  points  are  to be answered  for coming to the conclusion  of this case.

(i)         Whether this forum has territorial jurisdiction to entertain this complaint ?

(ii)        Whether the mobile in question is having any manufacturing defect ?

(iii)       Whether there is any deficiency in service  on the part of the opposite parties ?

(iii)       Whether the Opp.Party is liable to pay any compensation, if yes,to what    extent?

 

Point No.1

5.                     As per Sec.11(2) of the Consumer Protection Act “ A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction,-

1.             The opposite party or each of the opposite parties, where there are           more    than     one, at the time of the institution of the complaint,          actually           and      voluntarily       resides or carries on business or has a   branch             office or           personally works for gain       ,or
2.             Any of the opposite parties, where there are more than one, at the time    of the institution of the complaint, actually and voluntarily resides         or carries on business or has a branch office, or personally works         for        gain, provided that in such case either the permission of the             District Forum is given, or the opposite parties who do        not reside or    carry on business or have a branch office   or personally   work    for        gain, as the case may be, acquiesce in  such institution; or
3.             The cause of action, wholly or in part, arises”.

                        It is  submitted by the O.Ps in para-2 its written version that  the O.P. No.1  as well as O.p. No.2   are not having any shops/ office o at Rayagada district  as such the complaint is not at all maintainable before this forum. But no where they have stated that they are not doing any business in the district of Rayagada  for their gain.   It is well know to all that the Samsung  Company  is doing their business for gain all over  India. Hence, in the instant case, it is clear that the opposite parties  at the time of the institution of the complaint voluntarily carries on business  at Rayagada though there is no branch office  and personally works for gain  and  the  deflects in the mobile set  also pointed  out  at Rayagada , hence the cause of action partly arose in the district of Rayagada. Hence, this Forum has territorial jurisdiction to  entertain the present complaint.

                       

Point No.2

                         It is the case of the complainant that  since the date of purchase , the mobile hand set   given problem like    battery not working, it used to stuck off, and awi6tch off, voice also not clear a and the software used to hang off for which the complainant handed over  the mobile to the service canter  for  repair but  the O.P  failed to remove the defects from the mobile set and   the same problem exists . Hence, it is clear that as the defects in the mobile set was detected since the date of purchase and the   O.p  fails to  rectify the defect, we believe that it is a inherent  manufacturing defect  for which the mobile set is to be replaced .  

                        Word ‘defect’ as defined under Section 2(1)(f) of the Consumer Protection Act means any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by or under any law for the time being in force or under any contract, express or implied or as is claimed by the trader in any manner whatsoever in relation to  any goods.

                        Hence, in the above aspect Point No.2  is also answered  accordingly in favour of complainant.

Point No.3 & 4

                        As the Point No.1 & 2 are answered in favour of the complainant , it is concluded  that the opposite parties are deficient in their service .Sec.2(1)(g) ‘ Deficiency in Service means  “ any fault, imperfection, shortcoming or inadequacy in the  quality , nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance  of a contract or otherwise in relation to any service”.  Since the date of purchase , the mobile set  given problem for which complainant   went to the service   canter  for repair   but the defects could not be rectified , which amount to deficiency in service on the part of the O.ps. Therefore, the O.P s are liable to replace  the mobile set and also liable to pay  compensation  and cost. The Point No.3 & 4 is answered  in favour of the complainant. .  In the aforesaid findings, the complaint is allowed and disposed of with the following directions.

 

                                                            ORDER

             The Opp.Party No. 1 & 2 are directed to replace the defective set  with a new and give fresh warranty  and pay compensation of Rs.1000/-. There shall be no  order against O.P. No.1. The matter is disposed of with  the direction to the O.P. No.3 and directed  to  make compliance of the   order  within one month.

                        Pronounced in the open forum today on this 19^th  day of December,2016  under the seal and signature of this forum.

                        A copy of this order  as per the statutory requirements, be forwarded to the parities free of charge.

 

 

Member                                                                                               President

 

Documents relief  upon:

For the complainant:

1. Copy of  Money Receipt

 

For the Opp.Parties: Nil

 

                                                                                                            President