MR LAXMI NARAYAN PADHI, PRESIDENT…                       The factual matrix of case is that, the Complainant had purchased a mobile Make HTC, Model no. One Me9 bearing it's IMEI No. 358721060175840, on dated 25.08.2015 from OP.no.1 for Rs.39,900/-. Later just three months, the set reported hang & over heat. So the complainant approached the authorized service center of OP.No.2 to mend the set but who suggested him to send the set to his service center situated at Bhubaneswar, hence the complainant send the same for two times i.e. on dt.21.12.15 & on dt.10.05.16 but though the OP.2 though tried to repair the same but could not rectify the defects and issued two Job sheets thereof and said that the unit has some serious issues which he not able to rectify and advised the complainant to contact the OP.3 for more services. As per advice of OP.2, the complainant contacted the OP.3 through email id

2.         The counsel for OP.2 & 3 Mr Susanta Kumar Pattnaik though appeared but failed to file any counter in the case despite allowing adequate chances in its admission. Hence the OP.s set ex parte as per provisions envisaged in C.P.Act.1986. The complainant has filed cash invoice of the alleged mobile, email letter, 02 Nos of service job sheets of OP.2, affidavit and warranty card of the set. The complainant minutely heard the case and perused the record.

3.         The consumer protection act is a socio economic beneficial law, intended for speedy delivery of justice to the aggrieved and needy consumers and every complaint is supposed to be disposed off within a timeframe in consonance with the objects of the benevolent legislature, but inordinate delay in procurement of evidences and counter by the parties have emerged for reaching delirium to achievement of such objects.

4.         From the above transactions, it reveals that the complainant has procured the mobile in question on dt.25.08.2015 and the same reported defects with in just three months. It is seen that, the complainant time and again approached the OP.s reporting the so called defects, but though the OP.2 tried to mend the set but he neither rectified nor replaced it with a new one from his higher ups despite of several requests. Perusing the evidences, submissions by the complainant, we are of the view that, the mobile set purchased by the complainant has inherent manufacture defect and the OP.s failed to render any satisfactory service to the complainant within valid warranty period. Thus the complainant suffered from mental agony with the defective set, and also inflicted financial losses and valuable times due to the negligence and unfair practices of OP.s, hence he craves the leave of this forum and prayed for legitimate compensation.

5.         From the above discussions and perusing the submissions filed by the complainant, we have carefully verified the mobile in question and found hang and serious internal defects. It is further noticed that, the OP.s despite receiving notice of this forum are failed to take any actions to settle the matter of complainant and there is nothing doubt in the contentions of complainant without filing submission, counter and evidences by the OP.s, hence we feel that the action of OP.3 is illegal, highhanded, arbitrary and unfair which amounts to deficiency in service and hence he found guilty under the provisions of the C.P.Act 1986, as such the complainant is lawfully entitled for relief. Due to manufacture defect, the complaint is allowed against OP.no.3 with costs.                                                                                                               O  R  D  E  R

i.          The opposite party no.3 supra is hereby directed to pay the price of the set Rs.39,900/- (Rupees thirty nine thousand & nine hundred) inter alia, to pay Rs.20,000/-(Twenty thousand) as compensation and a sum of Rs.5000/-(Five thousand) towards the cost of litigation to the complainant.

ii.         The above directions shall be complied with in 30 days of this order, failing which, the total sum will add 12% interest per annum till its realization. Pronounced on this the 31st day of Oct' 2016.

                    Sd/-                                                             Sd/-

               MEMBER                                            PRESIDENT, DCDRF,

                                                                                 NABARANGPUR.