Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No. 355 / 2008

1)           Sri Madhusudhan Mandal,

6B, Naba Roy Lane, Kolkata-27.                                       ---------- Complainant

1)           Meridian Mobile Pvt. Ltd.,

100, Okhala Industrial Estate,

Phase-III, New Delhi.

2)           OM Trading Company,

66B, Sadananda Road, Kolkata-26.                        ---------- Opposite Party

Present :        Sri S. K. Majumdar, President.

                        Smt. Jhumki Saha, Member.

                        Sri T.K. Bhattacharya, Member

The complainant, Sri Madhusudhan Mondal, purchased one mobile phone at Rs.1850/- on 25.2.08 from o.p. no.2, OM Trading Co. who is the dealer of o.p. no.1, Meridian Mobile Pvt. Ltd.

          The complainant had expectation that the mobile phone would run smoothly. But after a few days, it started giving trouble and accordingly, on several times he verbally complained of it to o.p. no.1 and the o.p. no.2 assured him that the problem will be removed automatically after further use. But even after four months, instead of mitigation of the problem, it was increased day by day. O.p. no.1 accepted the mobile phone for verification and checking but ultimately the problem instead of being solved increased to a higher extent. The o.ps., in two times charged Rs.260/- for further repair but the petitioner refused to pay it became it was within the period of warranty. The petitioner informed the matter in writing to the o.ps. But as they did not pay any heed to it, the petitioner has filed this case with a prayer of directing the o.ps. to replace the mobile phone free from all defects and to pay compensation of Rs.3000/- Rs.1000/- as cost.

          Points need be decided in this case that whether the complainant is a consumer and if so, whether his claim is justified.

          There is no denying of the fact that the complainant had purchased the mobile phone from o.p. no.2 at Rs.1850/- on 25.2.08. And in support of his contention, he has also filed one receipt dt.25.2.08 showing payment of money of Rs.1850/-. In view of this position, he is a bonafide purchaser on payment of due consideration money. Accordingly, he is a consumer as provided u/s 2(d)(i) of C.P. Act, 1986 as amended up to date.

          He paid Rs.130/- for repair of the mobile set on 26.6.08 which is within the period of warranty.

          We have also perused his evidence on affidavit wherein he has stated all about the facts impleaded in his petition of complaint alleging therein deficiency of service. We have also perused the written argument submitted by the complainant, wherein he has also stated all about the facts and claimed for issuing direction upon the o.ps. to replace the mobile phone free from all defects and compensation of Rs.3000/- and litigation cost of Rs.1000/-.

          It is legal position that within the warranty period the dealer and the manufacturer both are bound to replace a defective goods which is hired on purchased on payment of full or part consideration. This being the position of law, the o.ps. are jointly or severally responsible to give redress to the complainant who is the bonafide consumer for selling a defective goods.

          That the petition of complaint is allowed ex parte against the o.p. nos.1 and 2 and the o.p. nos.1 and 2 are jointly and/or severally directed to replace a new mobile set of same value and quality to the complainant free from all defects by thorough examination and verification with a new warranty period from the date of replacement of the same positively within 45 days from the date of communication of this order and to pay compensation of Rs.1000/- (Rupees one thousand) only and litigation cost of Rs.500/- (Rupees five hundred) only which is also required to be paid within 45 days from the date of communication of this order, failing which o.p. nos.1 and 2 will be jointly and/or severally liable to pay an interest @ 10% p.a. till full realization. Fees paid are correct.

          Supply certified copy of this order to the parties on payment of prescribed fees.

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