Orissa

Cuttak

CC/75/2023

Pratap Chandra Beura - Complainant(s)

Versus

Managing Director, One Plus Technology India Pvt Ltd - Opp.Party(s)

P K Mohapatra & associates

05 Jul 2023

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.75/2023

           Sri Pratap Chandra Beura,

           S/O:Sri Ratnakar Beura,

           At present: Qtr. No.JO-19,Gorukata Lane,

           P.O:Buxibazar,P.S:Cantonment,

           Town/Dist:Cuttack,Odisha-753001.                          ... Complainant.

 

          Vrs.

 

The Managing Director,

OnePlus Technology India Pvt. Ltd.,

CIN No.U74990KA2020FTC139455

At:UB City,24,Vittal Mallya Road,

KG Halli,D’souza Layout,

Ashok Nagar, Bengaluru-560001,

Karnataka .                                                      ...Opp. Party.

 

 

Present:            Sri Debasish Nayak,President.

                             Sri Sibananda Mohanty,Member.

 

Date of filing:    06.03.2023

Date of Order:  05.07.2023

 

For the complainant:                   Mr. P.K.Mohapatra,Adv. & Associates.

For the O.P  :                                         None.

 

Sri Debasish Nayak,President.

Case of the complainant as made out from the complaint petition in short is that he had purchased a TV set of Brand OnePlus 108 cm (43 inch) Y series Full HD Smart Android LED TV 43 YIS (Black)(2022 Model) B09Q5P2MT3) (OP-43YIS), HSN:85287217 from the O.P through online vending portal amazon.in with order ID No.404-5868082-3185909 on 8.4.2022.  The said TV started malfunctioning within the warranty period having some defects due to the inadequate quality therein.  The complainant had requested the O.P to repair the said TV bearing Service Request No.IN05245TV230121002 but inspite of several reminders to the customer care, the O.P had turned a deaf ear to such requests for which the complainant having no other option left had to approach this Commission claiming the cost of the TV from the O.P to the tune of Rs.26,999/- alongwith a compensation of Rs.2,00,000/-.

In order to prove his case, the complainant has filed copies of several documents alongwith his complaint petition.

2.       Having not preferred to contest this case, the O.P has been set exparte vide order dtd.18.4.2023.

3.       The points for determination in this case are as follows:

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.Ps ?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Point no.ii.

            Out of the three points, point no.ii  being the pertinent one, is taken up  first for consideration here in this case.

After perusing the contents of the complaint petition and also the copies of documents as available in the case record, it is noticed that infact the complainant had purchased a TV set from the O.P Company by paying a sum of Rs.26,999/- through the Amazon portal vide Annexure-2 as attached and available in the case record.  Annexure-3 and 4 clearly indicate that the complaint lodged by the complainant as regards to the malfunctioning of his purchased TV to which the O.P had not responded.  Thus, when the purchased TV of the complainant was within the warranty period and the same was not given any attention when the complainant had lodged complaint as regards to its malfunctioning, the O.P is undoubtedly found to be deficient in his service by not attending the complaint of the complainant.  Accordingly, this point goes in favour of the complainant.

Points no.i& iii.

From the discussions as made above, the case of the complainant is maintainable and complainant is thus entitled to the reliefs as claimed by him.  Hence it is so ordered;

                                              ORDER

The case is allowed exparte against the O.P.  The O.P is directed to pay a sum of Rs.26,999/- to the complainant forthwith and further to pay a sum of Rs.2,00,000/- towards compensation for his mental agony and harassment alongwith his litigation expenses.  This order is to be carried out within a period of 30 days from the date of receipt of this order.

Order pronounced in the open court on the 5^th day of   July,2023 under the seal and signature of this Commission.          

                                                                                                                       Sri Debasish Nayak

                                                                                                                                 President

                     

 

                                                                                                         Sri Sibananda Mohanty

                                                                                                                      Member