BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
CACHAR :: SILCHAR
Con. Case No. 12 of 2018
Sri Bipresh Goswami
Resident of Meherpur,
P.O & P.S Silchar, District- Cachar …………………………… Complainant.
-V/S-
- Mobile Techno Zone
Amzadia Complex, 1st Floor, Gopalganj, Thana Road.
Silchar- 788001, Cachar (Assam).……………………………………...O.P No.1
- Intex Technilogies (I) Ltd.
A61, Okhla Industrial Area, Phase-11 Delhi-110020…………..…......O.P.No.2
- Tara Enterprise,
Tulapatty, Silchar-788001………………………………………………O.P.No.3
Present: - Sri Bishnu Debnath, President,
District Consumer Forum,
Cachar, Silchar.
Sri Kamal Kumar Sarda, Member,
District Consumer Forum,
Cachar, Silchar.
Appeared: - Mr. Rajib Das, Advocate for the complainant.
None for the O.Ps.
Date of Evidence 10-08-2018
Date of written argument 15-09-2018
Date of oral argument 21-11-2018
Date of judgment 29-11-2018
JUDGMENT AND ORDER
Sri Bishnu Debnath,
- The Complainant brought this case under the provision of the Consumer Protection Act. 1986 against Authorised Service Centre of INTEX mobile Hand set and its manufacturer on the ground that his mobile hand set vide IMEI No.911399200172108, 911399200172116 was handed over to the service Centre i.e to Mobile Techno Zone, Gopalganj, Thana Road, Silchar on 09/01/2016 for repairing but the O.P. did neither return the repaired hand set nor return the set without repairing.
- Notice served to the O.Ps but they did not respond. Accordingly, the complainant submitted deposition supporting affidavit and also submitted written argument along with exhibited cash memo of the hand set which speaks that the set has been purchase from Tara Enterprise, Tulapatty, Silchar on 17/11/2014 for Rs.7,200/-. The Complainant also exhibited job sheet of Ext.2 dated 09/11/2016. The Complainant also exhibited other documents.
- I have also heard Ld. Advocate of the Complainant because none has appeared and participated on the hearing on behalf of the O.Ps.
- From the evidence on record it is revealed that the complainant handed over the hand set to O.P. service center for repairing on 09/11/2016 but the O.P. service center not yet return the hand set after repairing. I have believed the evidence and exhibited documents because nothing found self-contradictory.
- As such it is concluded that the non-delivery of the repaired hand set to the complainant in time is a disservice on the part of the O.Ps. Therefore both the O.P. service center and the manufacturer of the hand set are severally and jointly liable to refund the price of the hand set of Rs.7,200/-(Rupees Seven Thousand Two Hundred) only with interest at the rate of 10% per annum from the date of handing over the set to service center i.e from 09/11/2016 or in alternation replace a brand new hand set of same model within the stipulated period of 45 days from today. They are also jointly and severally liable to pay compensation of Rs.5,000/- (Rupees Five Thousands) only for disservice and cost of the proceeding of Rs.2,000/- (Rupees Two Thousand) only.
- Thus, both the above O.Ps are directed to make arrangement aforesaid within 45 days to satisfy the award. If do not supply brand new set the O.Ps are liable to pay further interest at the rate of 10% per-annum to be added to the calculated amount of Rs.7,200 + 5,000 + 2,000 only till realization of full.
- Supply free certified copy of judgment to the parties. Given under my hand and seal of this District Forum on this the 29th day of November 2018.
