MR LAXMI NARAYAN PADHI, PRESIDENT… The substance of complaint in brief is that, the complainant procured a Mobile set Gionee P2M bearing IMEI No.867646020109353 on dated 29.01.2016 from OP.1 by paying Rs.6500/-. After purchase of just one month i.e on dt.29.02.16 the mobile set appears hang, automatic shutdown, internet does not works etc. So the complainant personally approached the OP No.1 & 2 for more than 05 times since dt.29.02.16 to till date and all the times he requested to rectify the defects but the OP.2 being the authorised service provider of Gionee mobiles all the times denied to receive the mobile and refused to render any service. The complainant being residing at Nabarangpur District, several times approached the OP.1 & 2 to mend or replace the mobile and finally on dt.19.03.2016 the complainant sent his nephew along with the defective set and invoice to the OP.no.2 but the OP.2 abuse him in filthy and unparliamentarily languages and warned to not to approach him again. As the complainant residing at Vill- Podalguda, dist of Nabarangpur it would quite hard on his part to frequent approach the OP.1 & 2 at Jeypore. As thus finding no other way on the same day i.e. on dt.19.03.16 at about 11 A.M & 11.30 A.M, the complainant contacted the OP.no.3 customer care for twice through phone bearing no.1800 208 1166 and register his complaint vide Complaint Regd no.3E160326361 but the customer care did nothing except evasive and false assurances to the grievance of complainant. Hence the complainant contended that, the said set has inherent manufacture defect which could not be repaired by the OP.s. The complainant has purchased the mobile set from his hard earned money alluring its attractive features but he abstained to facilitate the same, hence finding no other way the complainant purchased another mobile by paying Rs.3500/ for his onward requirement. For such illegal action of OP.s the complainant severely harassed which could not be evaluated in terms of money. The OP.s are neglecting to render service as per their terms and conditions, which amounts to deficiency in service. Hence, the complainant craves the leave of this Forum and prays for justice. For such illegal action of the OP.s., the complainant inflicted great humility, financial hardship and mental agony. So he prayed the Forum to direct the OP.s to pay the price of the handset and a sum of Rs.50,000/- as compensation and Rs.10,000/- towards cost of the litigation would just and proper for such arbitrary, highhanded and unfair practices on the part of OP.s.
2. On the other hand the OP.s neither appeared nor files any counter in spite of several chances since admission of the case. Hence the OP.s set ex parte as per Sec.13(2)(b) of the C.P.Act.1986. The complainant has filed cash invoice of the alleged mobile, along with warranty card of the set. The complainant heard the case at length, perused the record and submissions considered.
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. On perusal of above submissions, it is found that the complainant has procured the mobile set on dt.29.01.2016 by paying an amount of Rs.6,500/- being allured with great features but the same became defect with in valid warranty period. Hence the complainant approached the OP.2 for several times within valid warranty period for necessary repair, but the OP.s neither repaired the set nor replaced with a new one. Considering the evidences, submissions by the complainant, we are of the view that, the mobile set purchased by the complainant has inherent defect and the OP.s failed to provide any service to the complainant within warranty period. Thus the complainant inflicted to mental agony with the defective set, also bear financial and professional losses due to the negligence, arbitrary, unscrupulous, highhanded and unfair practices of OP.s, hence under compulsion the complainant filed the instant case and prayed for compensation.
5. From the above discussions and perusing the submissions by the complainant, we have carefully examined the alleged mobile set and found defects. It is further noticed that, despite service of notice of this forum the OP.s are failed to take any initiations to settle the matter of complainant and there is nothing to disbelieve the contentions of claim without appearance, counter and evidences by the OP.s, hence we feel that the action of OP.no.2 & 3 is illegal, highhanded and unfair which amounts to deficiency in service and hence they found guilty under the provisions of the C.P.Act 1986, as thus the complainant is entitled for relief. Further it is seen from various mobile disputes pending/disposed in the file of this forum that, the OP.no.2 being the authorized service provider of Gionee care is failed to provide satisfactory service to the customers, and for such malfeasance action, the cases of mobile increasing day by day against the OP Company, hence an award of exemplary damages can serve the useful purpose in vindicating the strength of law of the land.
However we allow the complaint with cost against the OP. 3.
O R D E R
i. The opposite party 3 supra is hereby directed to pay the price of the mobile set Rs.6,500/- (Rupees Six thousand & Five hundred) only inter alia, to pay Rs.15,000/-(Rupees Fifteen thousand) as compensation and a sum of Rs.5000/-(Five thousand) towards the cost of litigation to the complainant, for such deceptive, unscrupulous, highhanded, deficiency in service and willful negligence.
iii. All the above directions shall be complied with in 30 days of this order, failing which, the total sum will carry 12% interest per annum till its realization. Pronounced on 27th day of June' 2016.
Sd/- Sd/-
MEMBER PRESIDENT, DCDRF,
NABARANGPUR.
