IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.

CASE No.  CC-113/2014.

 Date of Filing:            25.08.2014.                                                                         Date of Final Order:26. 03 .2015.

Complainant:  Swapnanil Basu, S/O Sri Jotirmoy Basu, B-6/4, Karunamoyee Housing Estate,

                        Bidhannagar, Kolkata- 700091.

-Vs-

Opposite Party: 1. Manager, Galaxy , Domkal Rabindramore, P.O.& P.S.  Domkal, Dist. Murshidabad.

                           2. Manager, Rajdhani Communication, Domkal, P.O.& P.S. Domkal,

                               Dist. Murshidabad. Pin 742303.

                       Present:  Sri Anupam Bhattacharyya   ………………….President.                                 

                                         Sri Samaresh Kumar Mitra ……………………..Member.           

                                                                        Smt. Pranati Ali ……….……………….……………. Member

FINAL ORDER

Sri Anupam Bhattacharyya, Presiding Member.

This complaint has been filed by the complainant u/s 12 of the C. P. Act, 1986 praying for supplying a similar set of Mobile purchased or any other Mobile set of good condition and claimed Rs.7,000/- as compensation.

The complaint, in brief, is that the complainant purchased a Mobile Karbonn K-60 from Galaxy shop situated at Domkal and returned home inserting SIM card. He found that the Mobile was hanged. Immediately, he rushed to the shop and the shop owner replied as SIM card was inserted, the mobile set changed but the same can be repaired. Thereafter, he gave back the mobile set to that shop for repair. During the period from 5.8.13  to February, 14 he deposited the said Mobile four time in the shop of Galaxy but in spite of repair the mobile set became defect to use. Within a year he used the mobile set only for 30 minutes. This is his complaint.

This case is taken up for ex parte hearing.

In this case the OP has not turned up.

In this case, the complainant has filed cash memos and contention of evidence on affidavit. Considering the submission of the complainant as well as the documents in evidence –on-affidavit, we are of opinion that the complainant is entitled to get back a fresh Mobile Set of identical quality and for harassment he is entitled to get compensation of Rs.1,000/-.

Considering the cash memo dt. 05.08.13 we find that the OP No.1 is liable to supply a new Mobile Set of identical quality and compensation of Rs.1,000/-.

Hence,

ORDERED

that the Consumer Complaint No. 113/2014 be and the same is allowed ex parte in part without any order as to cost.

            The OP No.1 is directed to supply a new Mobile Set of identical quality to the complainant in place of the old one   and Rs.1, 000/- as compensation to the complainant within 30    days from the date of this receipt order, failing which he is to pay Rs.20/- per day’s delay as fine and the same is to be deposited in the State Consumer Welfare Fund.

Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under registered post with A/D to the concerned parties as per rules, for information and necessary action.

              Member                                           Member                                                                 President

District Consumer Disputes              District Consumer Disputes                                   District Consumer Disputes

       Redressal Forum.                                Redressal Forum.                                                    Redressal Forum.

         Murshidabad.                                  Murshidabad.                                                         Murshidabad.