MR LAXMI NARAYAN PADHI, PRESIDENT… The complaint in brief is that, the Complainant had purchased a Mobile set Make Gionee P-6 bearing IMEI No. 867395021023201 on dated 11/02/2016 from OP.No-01 by paying an amount of Rs.6700/-. After use of just one month, the said mobile set appears hang, power buttons does not properly switch on, camera functioning it's own and automatically shutdown etc. So the complainant approached the OP No.2 on dt.12.03.2016 and handover the set to mend, but the OP.2 just formats the software returned the same to the complainant without any job sheets. But after protest and demand by the complainant the OP.2 issued a hand receipt of the mobile putting his hand and seal. After some days the said set remains the same problems as it was in previous. The complainant prior to residing at Papadahandi, dist of Nabarangpur again approached the OP.1 & 2 at Jeypore. But later the complainant found that the defects arises in the mobile were not rectified by the OP.no.2, hence again the complainant requested the OP.2 to replace the defective set with a new one but the OP.2 ups his hands to render subsequent efforts and advised him to contact the company, thus the complainant contact the OP.no.3 through customer care through phone bearing no.1800 208 1166 and register his complaint but the customer care did nothing except false assurances to the complainant. Hence, the complainant contends that, the said set has some inherent manufacture defect which could not be rectified by the OP.s. The complainant has purchased the mobile set from his hard earned money for its attractive advertised features but he abstained to facilitate the same, hence under compulsion the complainant purchased another mobile by paying Rs.6000/ for his onward necessities. The OP.s are neglecting to render service as per terms and conditions as specified in the warranty papers, which amounts to deficiency in service as per law. Hence, the complainant craves the leave of this forum and for such illegal action of the OP.s., the Complainant inflicted great humility, financial hardship and mental tension. So he prays the Forum to direct the OP.s to pay the price of the said handset and a sum of Rs.75,000/- as compensation and Rs.10,000/- towards cost of the litigation for such negligence and deficiency in service on the part of the OP.s and may grant any other relief as the Hon’ble forum deem fit and proper in the interest of justice.
2. On the other hand the OP.s neither appeared nor file any counter in spite of several chances since it’s admission. 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, a hand receipt of OP.2 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. From the above submissions, it is found that the complainant has procured the mobile set on dt.11.02.2016 by paying an amount of Rs.6,700/- with a hope of better features and the same became defect with in valid warranty period. Hence being aggrieved the complainant approached the OP.s for necessary repair, but the OP.s neither mend the set nor replaced with a new one despite of several requests. 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 service to the complainant within warranty period. Thus the complainant sustained mental agony with the defective set, and also inflicted financial losses and valuable times due to the negligence, arbitrary and unfair practices of OP.s, hence under compulsion he 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 actions to settle the matter of complainant and there is nothing to disbelieve the contentions of complainant without appearance, filing counter and evidences by the OP.s, hence we feel that the action of OP 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 some mobile cases 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, complaints of mobile increasing day by day against the OP Companies, hence an award of exemplary damages can serve the useful purpose in vindicating the strength of law.
However we allow the complaint, with cost against the OP.2 & 3.
O R D E R
i. The opposite party 2 & 3 supra are hereby directed to pay the price of the set Rs.6700/- (Rupees Six thousand & Seven 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 practices, 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 31st day of May' 2016.
Sd/- Sd/-
MEMBER PRESIDENT, DCDRF,
NABARANGPUR
