STATE CONSUMER DISPUTES REDRESSAL COMMISSION

BIHAR, PATNA

(Appeal No.178 of 2015)

Shashank Kumar Singh,

S/o- Late Krishna Nand Singh,

 Mohalla-  Tilka Manjhi,

P.S.- Tilaka Manjhi, District- Bhagalpur.                                        Appellant.        

VERSUS

Mobile Shoping Mall Sales,

 District- Bhagalpur and others.                                                      Respondents.

BEFORE,

                                Hon’ble Mr. Justice S.K.Sinha, President and

                                Hon’ble Sri Upendra Jha, ADM (Rtd), Member.

                                Hon’ble Srimati Renu Sinha , Member(F).

ORDER

Date of order:      28-04-2017

Upendra Jha,Member       

                   This appeal is preferred against the order dated 18-06-2015 passed by the District Consumer Forum, Bhagalpur in Complaint Case No. 120 of 2013 by which the complaint has been dismissed.

 2.               The appellant purchased a Nokia Lumia-710 on 30-07-2012 from the respondent-Opposite-party for Rs. 15,400/- in the name of his son. But after a few days, the Mobile started trouble. On the advice of respondent No.1, he approached to respondent No.-2 Nokia Service Centre, Bhagalpur. The mobile was repaired but it could not be functional. Later on the respondents never entertained the appellant and the defective Mobile could not be made functional. The appellant-complainant filed complaint before District Forum, Bhagalpur. Despite notices, the Opposite-parties-respondents did not appear as such, Ex-party order was passed by the District Forum dismissing the complaint as it is not maintainable.

3.                           Despite notices, no one  appeared on behalf of the respondents. The appellant has filed written notes of arguments. Heard and perused the District Forum order.

4.                           The District Forum dismissed the complaint on the ground that the complainant is not a Consumer as he has purchased the Mobile for Commercial purposes.

5.                           The counsel for the appellant –submits that the Mobile purchased from the respondents became defective within warranty period and it never became functional. He has prayed to refund the cost of Mobile, with compensation and litigation cost altogether Rs.90, 000/-.

 6.                           We have considered the grounds of appeal, submission of the appellant. On perusal of the order passed by the District Forum, it appears that   the Opposite-parties did not appear despite notices. No expert/ technical report has been obtained to substantiate the case, which is mandatory under section 13 (1) (e) to (g) of the Consumer Protection Act, 1986.Hence, the District Forum order is set aside and the appeal is allowed and remanded to the District Forum, Bhagalpur for fresh hearing, for adducing evidence, obtaining expert/technical report and to pass a reasoned order within three months from the receipt of this order. The appellant is a Consumer under section 2 (1) (d) (ii) of the Consumer Protection Act, 1986.

7.                           The appeal is allowed.

       S.K.Sinha                         Renu Sinha                  Upendra Jha                             

       President                           Member (F)                   Member (M)

           Anita