Orissa

Rayagada

CC/319/2016

Sri P.L Hariprasad - Complainant(s)

Versus

M/s Cloudtail India - Opp.Party(s)

Self

08 Mar 2017

ORDER

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA

 

                                                 C.C. Case  No.319/ 2016.

P R E S E N T .

Sri Gadadhara Sahu,B.Sc.                                      Member

Smt.Padmalaya Mishra,LL.B                                  Member

Sri  P.L.Hari Prasad,aged about 35 years, Bharat Time Centre, Main Road, Rayagada, Near Civil & Sessions Court, Po/Ps/Dist. Rayagada,Odisha,765001.                                                                                                                                                                                                                               ………Complainant

                                                            Vrs.

1. M/s Cloudtail India Pvt. Ltd.,Anjaneya Infrastructure Project No.38 & 39 ,Soukya Road,Kacherakanahalli,Hoskote Taluk,Bangalaore Rural District,Banghalore 560067,Karnataka(India)
2. M/s Amazon.in for Cloudtail India Pvt. Ltd,S-405,I Ground Floor,Greater Kailash-II,New Delhi 110018,Delhi,India.                                               ………...Opp.Parties

Counsel for the parties:

For the complainant: In Person

For the O.Ps : Mr.Dayananda Singh & Associates Advocate, Patna,Bihar and Sri J.K.Mohapatra,

                        Advocate, Rayagada, Odisha.

                                                                 JUDGMENT

                        The facts of the complaint  in brief is that,  the complainant has  placed an order   for purchase of mobile set One Plus 2 Sandstone Black 64 GB to the OP 2 and the OP 2 asked the OP 1 to supply the product vide order ID No.403-1776959-8948351 to the complainant and the OP 1 supplied  the product     with a  consideration of Rs.24,999/- on 17.11.2015   and it was delivered to the complainant on 20.11.2015 and the product is  having  one year warranty but  after its purchase  the  mobile set given various problems   for which  the complainant   informed the OP 2 because there is no service center within the locality. The mobile set supplied by the OP 1 is having inherent manufacturing defect in it  and the OP 1 has not taken any steps  to take back  the product or given the  shipment address. At last the complainant   finding no other option approached this forum for relief  and prayed  to direct the O.Ps  to take back the defective set and refund the full value of Rs.24,999/-   and award monetary compensation for mental agony  and cost of litigation and such other relief as the forum deems fit and proper. Hence, this complaint.

                       

                        On being noticed,  the O.p 1 and 2   appeared  and  filed  written version  inter alia denying the petition allegations on all its material particulars.

                        It is submitted by the O.p No.1 that   the subject matter of dispute is restricted to certain manufacturing defects in a product i.e. One Plus 2 Sandstone Black 64 GB which the complainant had purchased from the OP 1. The OP 1 is only a reseller of different products on the website and neither the OP 1 provides any warranty on the product nor is  it providing after sales services on different products  sold on the website. Accordingly the OP 1  is bad for misjoinder of parties  has been unnecessarily and wrongly been arrayed as a party without any cause of action.  Neither any representation nor any warranty has been offered by the OP 1  on the product so purchased by the complainant. The product has been sold and delivered to the complainant in a sealed box condition. Accordingly no liability can be fastened  on the OP 1  who is only a reseller. Hence,  in view of the aforesaid this forum may graciously be pleased to dismiss the instant complaint against the OP 1.

                        It is submitted by the OP 2 that the complainant  has placed three orders for One Plus 2 Sandstone Black 64 GB vide Order Id 403-177695-8948351 from the OP 1 on the Website of the OP 2 on November 17,2015. The complainant has never contacted the OP 2  regarding the alleged grievances  in relation to the product. The OP 2 neither has the knowledge nor the facility to ascertain if the alleged defects in the product are due to manufacturing flaws or customer abuse  and it is only the manufacturer  and the service centre  who can resolve such defects with the product. The warranty is provided by the manufacturer subject to the warranty terms and conditions and the OP 2 has no role to play in the warranty terms and conditions.  The OP 2 does not provide any after sales  services in relation to the products sold on its website. Thus there is no deficiency  and negligence on the part of the OP 2  and the alleged  complaint of the complainant is  liable to be rejected.

                       

                        Heard and perused the complaint petition and documents filed by the complainant and we accept the grievance of the complainant. The Complainant  argued that the O.ps have sold a defective  mobile set  to the complainant and claimed that the O.ps caused deficiency in service and deprived of the complainant of enjoyment of the mobile set  since the date of  its purchase  which caused mental agony and harassment to the complainant.

Now we have to see whether there was any negligence of the Ops  in providing  after sale service  to the complainant as alleged ?

 

We perused the documents filed by the complainant.  Since the mobile set found defective after its purchase    and   the complainant  informed the Ops regarding the defect but the  Ops   failed to remove  the defect . At this stage we hold that  if the mobile set  require  servicing since  the date of its purchase, then it can be presumed that it is defective one and if the defective mobile set  is sold to the complainant , the complainant is entitled to get refund of the price of the article or to replace a new  one or  remove the defects  and also the   complainant is entitled  and has a right to claim compensation and cost to meet his mental agony , financial loss.  In the instant case  as it is appears that the mobile set  which was purchased by the complainant had developed  defects and the O.ps were unable to restore its normal functioning during the warranty period. It appears that the complainant invested  a substantial amount and purchased the mobile set  with an expectation to have the effective benefit of use of the article. In this case, the complainant was deprived of getting beneficial use of the article and deprived of using the mobile set  for such  and the defecates were not removed by the O.ps who  know the defects from time to time from the complainant.

Hence, in our view the complainant has right to claim compensation to meet  his mental agony, financial loss. Hence,  it is ordered.

 

                                           

                                               ORDER

                        The  opposite parties   are directed to take back the defective set and  refund the cost of the mobile set  i.e. Rs.24,999/-   and  the O.p 1 & 2  are liable to pay  compensation of Rs.2,000/-  for mental agony undergone by the complainant and cost of Rs.1500/- to the complainant   within one month from the date of receipt of this order, failing which the O.Ps are liable to pay  interest  @  9%  p.a. on the above awarded amount till  the date of payment. Accordingly the complaint is allowed.

                        Pronounced in open forum today on this 27^th of  March,2017 under the seal and signature of this forum.

                         A copy of this order as per the statutory requirements , be forwarded to the parties    free of charge.

 

 

            Member                                                                                               President

Documents relied upon:

By the complainant:

1. Xerox copy of  Retail Invoice.

 

By the Opp.Party: Nil                                                                         

 

                                                                                                         President