The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the dealer situated at Cinema Bazar, Balasore, O.P No.2 is the Area Office represented by its Area Manager situated at Kharvel Nagar, Janpath, Bhubaneswar, O.P No.3 is the Head Office represented by its M.D situated at Gurgaon and O.P No.4 is the authorized Service Centre of O.P No.2 & 3 situated at Baripada, Mayurbhanj.

                        Shorn of unnecessary details briefly stated the case of the Petitioner is that the Complainant had purchased one Samsung Mobile set on 21.03.2014 having Model No. GT-I-9082 (Samsung Galaxy Grand) from O.P No.1 for Rs.18,600/- (Rupees Eighteen thousand six hundred) only and the IMEI No. of the said mobile set is 355886-05-947484-4 vide bill No.24141 and Tin No. of O.P No.1 is 21851502061. The Complainant had detected some manufacturing defects like set hang, set auto switch off when net (internet) open. Thereafter, the Complainant handed over the said Mobile to O.P No.4 for repair of the same on 29.11.2014. After repair by O.P No.4, the Complainant used the same mobile. But after a month or two, the Complainant faced same type of defects in his mobile set, for which the Complainant again handed over the same mobile to O.P No.4 on 17.01.2015. But the Complainant faced same defect even after repair by O.P No.4. Thereafter, the Complainant approached the O.P No.1 for exchange of said defective mobile set in various occasions, but the O.P No.1 had not paid any heeds to the request of the Complainant and harassed again and again. As a result, the Complainant issued Advocate notices to all the O.Ps on 24.02.2015, but they are silent about the matter and no reply received from them by the Complainant in this regard.  

                        Prayer for replacement of mobile set along with compensation for mental agony and harassment and cost of litigation.

                        The O.Ps neither remained present personally nor have represented through their Advocates, hence all the O.Ps are set ex-parte on 03.05.2016.

                        On perusal of the documents filed by the Complainant in support of his claim such as original bill, original warranty card, copy of work order for repair dt.29.11.2014 and 17.01.2015, copy of Advocate notice issued to all the O.Ps along with synopsis of written Argument and citations, it is noticed that:-

1. The Complainant had purchased the above said mobile set on 21.03.2014 from O.P No.1 for consideration amount of Rs.18,600/- (Rupees Eighteen thousand six hundred) only.

2. The warranty card issued on behalf of the O.Ps is delivered to the Complainant on 21.03.2014, where warranty period for mobile set is One year i.e. up to 21.03.2015.

3. The Manufacturing defects were detected by the Complainant during November, 2014 and January, 2015.

4. The same defective mobile set was handed over to O.P No.4 (the authorized Service centre of O.P No.2 and 3) on 29.11.2014 and 17.01.2015 by the Complainant for repair.

5. The Complainant faced same problems in his mobile even after repaired twice by the O.P No.4 (Para-4 of complaint petition).

6. The Complainant had requested many times to O.P No.1 for exchange of the said mobile, which was not attended by him (Para-5 of complaint petition).

7. Being aggrieved by O.P No.1, the Complainant had issued Advocate notices to all the O.Ps, where these O.Ps preferred to remain silent in the matter.

8. All the O.Ps did not feel it proper to file their written version in this C.D Case. Moreover, all these O.Ps are set ex-pate.

                        Thus from the above observations, it is concluded that such activities rendered by the O.Ps to the Complainant amounts to deficiency-in-service by the O.Ps. Hence, the Order:- 

                                                       O R D E R

                        Having all regards to our judgment reflected above, the complaint bears merit with direction to the O.Ps to replace the same mobile with a new (same brand and make) mobile set with further extension of warranty period within 30 days of communication of this Order. The O.Ps are further directed to pay a sum of Rs.1,000/- (Rupees One thousand) only to the Complainant, being the compensation for mental agony and harassment and cost of litigation.

                        The Ex-parte order pronounced in the open Forum on this day i.e. the 20th day of September, 2016 given under my Signature & Seal of the Forum.