Tripura

West Tripura

CC/93/2015

Sri Debasish Saha, Advocate, Tripura Bar Association. - Complainant(s)

Versus

Micromax Informatics Ltd. & 2 others. - Opp.Party(s)

Mr.T.K.Choudhuri.

30 Aug 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
WEST TRIPURA :  AGARTALA

CASE   NO:   CC- 93 of 2015 

Sri Debashish Saha, 
Advocate, Tripura Bar Association,
Ground Floor, Room No.8, Agartala,
Dhaleswar, Road No. 11, P.S. East Agartala,
West Tripura.                    ..…..…...Complainant.

       VERSUS

1. Micromax Informatics Ltd.,
21/14A, Phase -II,
Naraina Industrial Area, Delhi-110 018.

2. Sarala Electronics, 
Branch 161, H.G.B. Road,    
Melarmath, Agartala,
West Tripura,
PIN- 799001.

3. M/S Surajit's Mobile Care, 
1st Floor, H.G.B. Road,
Melarmath, Agartala, 
West Tripura,
PIN- 799001.

4. Media Net,
Proprietor: Sri Partha Das,
Colonel Chowmuhani,
P.S. West Agartala, West Tripura.

5. Sri Badal Debnath,
S/O- Gobinda Debnath, West Barjala,
Bishramganj, District- Sipahijala.             .........Opposite parties.

      __________PRESENT__________

 SRI A. PAL,
PRESIDENT,
  DISTRICT CONSUMER  
DISPUTES REDRESSAL FORUM,
      WEST TRIPURA, AGARTALA. 

SMT. Dr. G. DEBNATH
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

SRI U. DAS
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

 

C O U N S E L

    For the Complainant        : Sri Tapan Kr. Choudhury,
                          Advocates.

For the O.P. No. 1             : Sri A. L. Saha,
                      Sri Abheek Saha,
                      Sri Kajal Nandi,
                      Advocate.

For the O.P. No. 2 , 3 & 4        : None appeared.
                         
 
For the O.P. No. 5            : Smt. Suma Ray,
                      Advocate.

 

        JUDGMENT  DELIVERED  ON:  30.08.2016

J U D G M E N T

        This case filed by one Debashish Saha, Advocate against Micromax Informatics and 4 others. Micromax  Informatics appeared but did not file W.S. O.P. No.5 also appeared, contested the case. Other O.Ps did not appear and case proceeded against them exparte. 

        Petitioner case in short is that he purchased one mobile set for Rs.6300/- on  4th April, 2015. Software device of the handset was not working properly. He went to the service centre, M/S Surajit's Mobile Care. Lastly he visited the centre on 05.08.15. The software was changed and IMEI number was changed by Surajit Mobile care. Demand notice was sent by petitioner, but Micromax did not give any response or did not give any relief. So, the case filed for getting redress. 
        In this case petitioner produced the cash memo, warranty card, job sheet, demand notice, postal receipts. 
        Against O.P. No.5 no relief claimed. O.P. No.5 appeared and filled W.S. without denying the case of the petitioners. Others O.Ps did not appear. 

        So on the basis of evidence of given we shall now decide the case. 
Finding a decision :
        From the vouchers it is found that on 04.04.2015 the handset was purchased for Rs.6,300/- with the warranty card  with the terms and condition. The warranty will be applicable for 12 months from the date of purchase of the handset, six months for accessories. Job sheet was produced. From the  job sheet it  is found that on 05.08.15 within the period of  one year  the hand set was placed before the Surajit Mobile Care for repairing. Rs.250/- was taken for out warranty service.  But admittedly the mobile was not repaired. Within the warranty period Advocate's notice was given on 3rd October. But no response given by Micromax India Ltd. Micromax did not appear to deny the claim. So, it is established from the evidence that the mobile set was not working properly within the warranty period of one year. This should have been replaced. The change of IMEI number or any projection by such act is not shown to us. How it effect the business of the petitioner or his privacy not proved by convincing evidence. Surajit Mobile care charged Rs.150/- for replacing of electronics parts as written in the Job sheet. It is stated that his mobile was also not working properly and IMEI number changed. Others photos were coming. We  are not convinced that by exhibition of others photos petitioner reputation was badly damaged. When the damage not proved we can not give compensation for agony of the complainant. It is true that for one month petitioner had to wait for mobile. But when his everyday loss is Rs.3000/- for mobile set he could purchase another mobile set which is available in the market. Under the above facts and circumstances we do not agree that damage was Rs.3000/- per day as professional loss. It may be for 2/3 days because the service centre could not repair it in time. 

        From the appreciation of the evidence on record we are of the views that there was deficiency of service by the Micromax  Informatics Ltd. and its service centre, Surajit's Mobile Care. The mobile set should have been replaced and also compensation  should have been given for deficiency of service as within the warranty period mobile set was not repaired. 

        We therefore, direct the Micormax Informatics Ltd. O.P. No.1 to replace the mobile set or refund the amount of Rs.6,300/-(Rupees Six Thousand Three Hundred) along with interest over it from the date of purchase i.e., 04.04.15 @ Rs.9%. We also direct Micromax Informatics Ltd. to pay Rs.10,000/-(Rupees Ten Thousand) as compensation for harassment and deficiency of service, unfair trade practice along with that Rs.3,000/-(Rupees Three Thousand) is to be paid as cost of litigation. In total O.P. Micormax Informatics Ltd. and Surajit Mobile Care is to replace mobile and also pay total Rs.13,000/-(Rupees Thirteen Thousand) to the petitioner. The amount is to be paid within 2(two) months from the date of receipt of copy of the judgment. If not paid it will carry interest @ 9% P.A.

   Announced.

SRI A. PAL
PRESIDENT,
DISTRICT CONSUMER  DISPUTES 
REDRESSAL FORUM,
WEST TRIPURA,  AGARTALA.

 

 

SMT. DR. G. DEBNATH,
MEMBER,
 DISTRICT CONSUMER DISPUTES 
REDRESSAL FORUM, 
WEST TRIPURA, AGARTALA  

SRI U. DAS
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.