SRI NAYANANANDA DASH,MEMBER:-
Unfair trade practice in respect of selling defective mobile hand set are the allegations arrayed against OPs.
2. Complaint in brief reveals that, Complainant is a practicing Advocate at Kendrapara Civil Court purchased a mobile hand set manufactured by Micromax Informatics Ltd. bearing Model No. X715 with Serial No.911503153962031 and the mobile set was purchased from OP No.2, China World,Badahat,Kendrapara on dtd.23.09.2016 on payment of Rs.1400/- and vide Money/Invoice receipt No.2307. It is alleged that, while selling the mobile hand set the manufacturing company issued a warranty card which covers 12 month from the date of original purchase of mobile hand set and six months on accessories. Complainant further deposited Rs.100/- and availed another one year extended warranty on the mobile hand set, which was issued by OP No.2 and the total warranty period of mobile hand set covers for two years i.e.from dtd.23.09.2016 to dtd.22.09.2018. It is also alleged that, after purchase of the mobile hand set defects were detected in charging system of the set. Though the set was produced before OP No.2 and authorized service center of company located at Cuttack for its due checking and assured to return the same within 15 days, after its detail checking, but OP No.2 delayed the delivery of the set and handed over the same to the complainant on January,2017, and on receipt of the hand set, complainant noticed that the same defects persists with the mobile hand set. Accordingly, complainant on dtd.28.01.17 approached OP No.2 to remove or replace the hand set, but OP No.2 paid a deaf ear to the grievance of the complainant. Complaint petition reveals that such acts of Ops caused mental agony to the complainant as he could not use the mobile set due to defects and unfair trade practice committed by Ops. Being aggrieved, complainant filed this complaint seeking a direction of this Forum to Ops to replace a new mobile hand set of same model and to pay Rs.20,000/- for compensation and mental agony.
3. Notice was served to OP No.1, Micromax Informatics Ltd. through Regd. Post with AD by this Forum and postal acknowledgement is a part of the record. Notice was served to OP No.2, Proprietor, China World, Badahat,Kendrapara through process Server of this Forum. But the Ops did not prefer to appear into the dispute, hence set ex-parte by this Forum vide Order No.10 dtd.23.08.2017.
4. Heard the ex-parte submission advanced by complainant, who is a practicing Lawyer and perused the documents filed as per the list. Complainant, to support his case filed attested Xerox copy of Retail Invoice dtd,23,09.16, attested Xerox copy of Extended warranty card issued by OP No.2-dealer and attested Xerox copy of warranty statement.
Considering the submissions and on perusal of documents, it appears that complainant purchased a mobile hand set from OP No.2, manufactured by OP No.1-Company, bearing Model No.X715 by paying Rs.1400/-. It is also clear from the warranty card issued by OP-Company that, warranty will be applicable for (12) months from the date of original purchase of mobile hand set and six(6) months accessories( included in the mobile device sales package). It is equally clear that, the warranty is valid from dtd.23.09.16 to dtd.22.09.18, which includes the extended ‘warranty’ and the extended warranty card is issued by OP No.2-dealer/retailer. Further, the allegations of the complainant regarding defects in the mobile hand set is to be believed as same is not countered any way by the Ops and the present proceeding is non-rebuttal in nature. So, it is not necessary to measure the veracity of the allegations when evidences as documents in support of purchase and warranty are filed into the case. In the circumstances, this Forum feels that Ops are jointly and severally liable for unfair trade practice by not complying the grievance of the complainant.
Having observations reflected above, it is directed that, on production of disputed mobile hand set before OP No.1 by the complainant, OP No.2-Company will replace a new mobile set of same model and same price through OP No.1, if the same model is not available, Ops will refund the purchase price of the mobile hand set amounting of Rs.1400/- along with 6 per cent interest from the date of purchase i.e. dtd.23.09.16 to till its realization. It is further directed that OP No.2 will pay Rs.1000/-(Rupees One thousand )only as compensation to the complainant. The order is to be carried out within one month of receipt of this order, failing which action will be initiated against the Ops as per the provisions of C.P.Act.
Complaint is allowed in part on ex-parte without any cost.
Pronounced in the open Court, this 7th day of October,2017.
I, agree. I, agree.
Sd/- Sd/- Sd/-
MEMBER PRESIDENT MEMBER
