DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

                                                         CONSUMER  COMPLAINT  CASE NO. 73 OF 2016

S.K. Barkat Ali (45 Years),

S/O: S.K. Sakhwat,

R/O: TRL Colony,Qr.No.D/17,Belpahar, PS: Belpahar,

Dist: Jharsuguda, Odisha................……..…………..……..………. Complainant.

                                           Versus 

1. Mr.Prasant, Prop. of Payoja services,

R/O: Kachery Road, Uditnagar, Rourkela,

Dist: Sundargarh, Odisha.

2. Mr. Raj Kumar Agrawal,

Prop. of Agrasen Electronics,

R/O: Gumadera, PO/PS: Belpahar,

Dist: Jharsuguda, Odisha.

3. Microsoft Corporation (India)Pvt. Ltd.,

807,New Delhi House, Brarkhamba road,

New Delhi- 110 001…………………………….......................... Opp. Parties.

Counsel for the Parties:-

For the Complainant                               P.R.Singhdeo, Adv. & Associates.

For the Opp. Parties                              K.C.Mohapatra, Adv. & Associates.

Present:- Shri Sundarlal Behera, President,  Shri Santosh Kumar Ojha,Member, Smt. Anamika Nanda, Member(W).

Order dated 16.10.2017, Shri Sundarlal Behera, President.

The complainant’s case in brief is that, he had purchased one mobile handset having model Nokia(Microsoft Lumia 640XL) by paying-₹15,900/- only from O.P.No.2 from 07.08.2015.  On dtd.28.05.2016 the complainant a defect on the said mobile and immediately reported to O.P.No.2 but the O.P.No.2 suggested about service centre at Jharsuguda which has been closed and again advised about O.P.No.1 at Rourkela.  The complainant visited to O.P.No.1 on dtd.06.06.2016 where he has repaired the said mobile on the same day and while returning from Rourkela the said mobile again started same problem.  The complainant informed immediately to the O.P.No.1 on 17.06.2016 where the O.P.No.1 kept the mobile till 12.08.2016 and on 13.08.2016 the complainant received his said mobile set but it has again started defect and still now the said mobile set not functioning properly, hence this case.

Being noticed through this Forum, the O.P.No1. appeared and filed written version where the O.P.No.2 and 3 kept silent  in this case and stand ex-parte after being providing sufficient opportunities. O.P.No.1 submitted that the complainant had deposited the hand set on 06.06.2016 and on the same date the defect was re4ctified but denied that the complainant has never reported about defect on the same day rather the complainant used the said mobile smoothly in 17.06.2016 without any lodging of claim and after using of more than 11 months the complainant visited on 17.06.2016 for rectification of setting.  The O.P.No.1 sent the said mobile set to the O.P.No.3 where the O.P.No.3 returned a new mobile hand set which was informed to the complainant.  The complainant came on 13.08.2016 and received a new mobile hand set vide IMEI No.357158066355962 of the same model about which the complainant had never raised any complaint.  Basing on the false complaint the O.P. prayed for dismissal of the case.

Heard the matter in length and on perusal of case record including materials available, it is noted that the complainant has purchased one mobile handset having model Nokia(Microsoft Lumia 640XL Black) having IMEI Nos. 1-351853072135749 and 2-351853072135756 from the O.P.No.2 by paying Rs.15,900/- only on dt.07.08.2015. After being defect the complainant took the mobile to the O.P.No.1 on dt.06.06.2016.  On the same day the O.P.No.1 rectified the defect.  The complainant again took the mobile before the O.P.No.1 on dtd.17.06.2016.  The O.P.No.1 issued a service job sheet bearing No.1907 dtd. 17.06.2016 by receiving mobile hand set having IMEI No. 351853072135749 and as per the said job sheet it is revealed that, the complainant has received the hand set after repairing in good working condition having IMEI nos. 1-357158066355962, 2- 357168066355970.  The said job sheet was duly signed by the complainant on dtd. 13.08.2016 it clearly reflects that the complainant has received a new mobile hand set having new IMEI nos. as given above.

On the above facts and circumstances, there is no any merit found on the part of complaint petition, hence the complaint petition is hereby dismissed with no costs.

Accordingly the case is disposed of.

Order pronounced in the open court today on this the 16^th of October, 2017. Free copy of this order shall be communicated to the parties as per Rule.

  I Agree.                                    I Agree

 S.K.Ojha, Member           A. Nanda,Member(W)                    S.L.Behera, President                                                                                                                                 

Dictated and corrected by me.

     S.L.Behera, President