Orissa

Baudh

CC/05/2014

Soroj kumar Rana - Complainant(s)

Versus

Meher book store - Opp.Party(s)

LD Adv

24 Sep 2014

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BOUDH
NEAR CIRCUIT HOUSE, BOUDH, 762014
 
Complaint Case No. CC/05/2014
( Date of Filing : 06 Mar 2014 )
 
1. Soroj kumar Rana
S/o-Gokula ch. Rana,At/Po/Laxmmiprasad,Dist-Boudh
...........Complainant(s)
Versus
1. Meher book store
at/po-Janhapank/Dist-Boudh
2. Proprietor,TANISHA AGENCIES,Near bus stand,Boudh.
At/Po/Dist-Boudh.
Boudh
Odisha
3. Legal Manager,M/S-Micromax Informatics
A.C plot no.21/14 Block A Nariyaman Industarial phase II New Delhi.
New Delhli
New Delhi
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Padmanava Mahakul PRESIDENT
 HON'BLE MR. Suvendu Kumar Paikaray MEMBER
 
PRESENT:
 
Dated : 24 Sep 2014
Final Order / Judgement

              1.  The case of the complainant in brief is that he had purchased a Micromax mobile vide Model No. A 87  from the O.P No.1 for a consideration of Rs.6,000/ whose EMEI No. is 911234854640730 and 911234854641936.The O.P No.1 has issued a  cash memo vide bill No.50 dtd.13.8.,2013 in favour of the complainant. After some days, the said mobile set was found defective for which the complainant could not use the said mobile set and immediately handed over the O.P.No.2 for rectification of the defects. After some days the O.P No.2 returned the mobile set after complying the defects. After some days  the said mobile was found defective again and there was  numerous problems on the same set .The mobile set was again found defective and  the complainant could not use the same  As such he  filed this case  against the O.Ps for direction to pay the cost of the mobile and compensation.

          2. After being noticed the O.P No.1 appeared and filed counter in this case .The case of the O.P.No.1 is that   he had admitted the purchase of the mobile from him and as the mobile set was defective,   he directed the complainant to comply the same to O.P No.2.So there is no fault on his part and prays for dismissal of the case. The O.P No.2 could not appear and was set exparte.The complainant filed the Xerox copy of the receipt dtd. 13.8.2013 showing the purchase of the mobile set from O.PNo.1 and also one job sheet showing the defect of the mobile set.

       3.The point for determination in this case is  whether the complainant is a consumer against the O.Ps  and whether the O.Ps caused any deficiency  of service against the O.Ps.

 

      4. Taking into consideration of the case of the complainant and the O.Ps, we allow the case in part and direct the O.P No.3 to pay the price value of mobile of Rs.6,000/-(Rupees six thousand) along with compensation and cost of litigation for Rs.1000/- (Rupees one thousand ) only to the complainant within one month from the date of  this order, failing which the complainant is at liberty to take steps against he O.P for realization of awarded amount. The case against O.P No. 1 and 2 is dismissed without cost.

       Order pronounced in the open court under the seal and signature of the forum this the 24th day of September, 2014.

 
 
[HON'BLE MR. Padmanava Mahakul]
PRESIDENT
 
 
[HON'BLE MR. Suvendu Kumar Paikaray]
MEMBER
 

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