MR LAXMI NARAYAN PADHI, PRESIDENT…           The facts of case is that, being allured with attractive advertisement through electronic networks by the OP.1, the Complainant procured a mobile, make Micromax Bolt S-301, bearing its IMEI No.911433600735659, vide order No. ID 404-7565161-1192341 on dated 15.01.2016 from OP.no.1 by paying an amount of Rs.2150/-. After one month of its use, the mobile reported problems like overheating, automatically switch off, hang etc. So the complainant approached the authorized service center situated at Berhampur Dist of Ganjam but he denied to render service to it and the reasons behind best known to him. Hence the complainant tried to contact the customer care of OP.3 but who in reply sent a message to the mobile of complainant that, “dear user, your micromax warranty password (MWP) is 2947 for mobile 7205216944. Please share MWP with service center, Regard Micromax.” Thereafter the complainant several times approached the OP.s to redress the matter but all his requests were in vain thereof. So the Complainant inflicted highly mental trauma with physical pain and financial hardship due to the inaction and deficiency service by the OP.s. So he prayed before the forum to direct the OP.s to pay the cost of alleged handset and a sum of Rs.40,000/- as compensation and Rs.5,000/- as cost of litigation for such unfair practice and deficiency in service on the part of OP.s.

2.         On the other hand the OP.s neither appeared on call nor filed any counter despite several chances given to them since admission of the case. Hence they set ex parte as per provisions contemplated in Sec.13(2)(b) of C.P.Act.1986. However the complainant has filed cash invoice of the alleged mobile, service job sheet of OP.no.2 and warranty card of the set. The complainant heard the case at length and perused the record.

3.         The consumer protection act is a socio economic beneficial law, intended for speedy delivery of justice to the aggrieved and needy consumers and every complaint is supposed to be disposed off within a timeframe in consonance with the objects of the benevolent legislature, but inordinate delay in procurement of evidences and counter by the parties have emerged for reaching delirium to achievement of such objects.

4.         From the above transactions, it is found that the complainant has procured the mobile set on dt.15.01.2016 by paying an amount of Rs.2150/- and the same became defect with in valid warranty period. Through procedure, the complainant approached the OP.s service center situated at Berhampur dist. of Ganjam for necessary repair, but who strait denied to accept the set. Finding no other way the complainant approached the customer care official of OP.3 but who in reply did nothing except issued a useless message to the mobile of the complainant. Considering the evidences, submissions by the complainant, we are of the view that, the mobile set purchased by the complainant might have inherent defect, hence the OP.s failed to rectify the set. Thus the complainant sustained mental agony with the defective set, and also inflicted financial losses and valuable times due to the negligence and unfair practices of OP.s, hence under compulsion the complainant craves the leave of this forum and filed the instant case and prayed for compensation.

5.         From the above discussions and perusing the submissions by the complainant, we have carefully examined the alleged mobile set and found defects. It is further noticed that, despite service of notice of this forum none of the OP.s took any initiations to settle the matter of complainant. It is also seen that, the OP.1 being a largest electronic shopping hub ignoring law of the land did not cared to the notice of this forum which is nothing but arbitrary, highhanded hence illegal which also amounts to deficiency in service, hence found guilty under the provisions of sec. 2(1)(g) of the C.P.Act 1986, as thus the complainant is entitled for compensatory relief. So we allowed the complaint against the OP.no.1 with cost.

                                                             O  R  D  E  R

i.          The opposite party no.1 M.D., Amazon India supra is hereby directed to pay the price of the defective set Rs.2150/- (Two thousand one hundred & fifty) only inter alia, to pay Rs.10,000/-(Ten thousand) as compensation and a sum of Rs.2000/-(Two thousand) towards the cost of litigation to the complainant, for such deceptive practices, deficiency in service and willful negligence.

ii.         All the above directions shall be complied with in 30 days of this order, failing which, the total sum will bear 12% interest per annum till its realization. Pronounced on 04th day of Aug' 2016.

                       Sd/-                                                                 Sd/-

                 MEMBER                                               PRESIDENT, DCDRF,

                                                                                     NABARANGPUR.