MR LAXMI NARAYAN PADHI, PRESIDENT…              The brief fact of case is that, the complainant being a college student and a part time employee under a private shop had purchased a Wireless Keyboard set MK 220, bearing its No. S/N1545SC117HG9`on dt.13.05.2016 from the OP.no.1 for Rs.1400/- for the purpose to use his laptop and computer devises. That after purchase of just one month, with in valid warranty period, the keyboard reported defect like the letters typed does not reflects and became defunct and it does not connect to his computer and laptop. As the product having one year warranty, the complainant approached the OP No.1 and requested to replace the product with a new one through OP.2 & 3 but in response to his request the OP.1 advised the complainant to approach the OP.2 & 3 and assured that he will put forward the grievance to his higher ups. Finally finding no way as per advice of OP.1, the complainant approached the OP.2 & 3 through their help line number i.e. 01147306601 and person attached help line given a number to the complainant i.e. 9435199120 and said that one Mr Sanjiv Chakravarty will look after your grievance. Hence the complainant dialed the said number and placed his request to repair or replace the product with a new one, but he delivered nothing to his request. The complainant being a college student highly depends on his computer and laptop but he restrained from its use due to the nonstandard product and inaction of OP.s. Hence he inflicted mental agony, physical harassment and financial losses due to the arbitrary action of OP.s. So he prayed before the Forum to direct the OP.s to pay the price of alleged product and a sum of Rs.25,000/- as compensation and Rs.5000/- as cost.

2.         The OP.2 & 3 through their A/A entered appearance but failed to file their counter in the case but he orally stated before the forum that, they are in touch with complainant and a compromise discussion is going on between them, hence counter would not be required at this stage hence prayed for time. Considering the above pleas the forum given several chances on dt.25.8.16,  7.9.16,  15.9.16,  20.9.16,  26.9.16,  & 29.9.2016 but the OP.s did not turn to file their counter in the case. Hence the OP- 1, 2 & 3 are set ex parte as per provisions of C.P.Act.1986 and hence the forum proceeded the case with available documents filed by the complainant. The complainant has filed cash invoice & the alleged product in question. The complainant has been 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 submissions, it reveals that the complainant has procured the wireless keyboard in question on dt.13.05.2016 from the OP.1 for Rs.1400/- and the same became defect within a short period of one month. It is seen that, the product has one year warranty, hence the complainant time and again approached the OP.s for repair/replace or for price of the product, but the OP.s neither replaced the product nor pays the price to the complainant despite of several persuasions. Considering the evidences, submissions by the complainant, we are of the view that, the alleged product has manufacture defect and especially the OP.2 failed to pay any heed deliberately to the persuasions of complainant. Thus the complainant inflicted mental agony with the defective device, and also inflicted financial losses and valuable times causing negligence and unfair practices of OP.s, hence he prayed for compensation.

5.         From the above transactions and perusing the submissions filed by the complainant, we have carefully verified the alleged product and found defect. It is further seen that the OP.2 & 3 though appeared through their A/A but failed to file their counter in the case. It is also found that they did not comply their stand as committed for settlement the dispute with the complainant during adjudication of the case, hence there is nothing to reject the contentions of complainant. Hence we feel that the action of OP.2 & 3 is illegal, highhanded, arbitrary and unfair which amounts to deficiency in service and hence they found guilty of C.P.Act 1986, hence the complainant is lawfully entitled for compensatory relief.

                                                                O  R  D  E  R

i.          The opposite party no.2 & 3 supra are hereby directed to pay the price of the keyboard i.e. Rs.1400/- (Fourteen hundred) inter alia, to pay Rs.10,000/-(Ten thousand) as compensation and a sum of Rs.5000/-(Five thousand) towards the cost of litigation to the complainant.

ii.         All the above directions shall be complied with in 30 days of this order, failing which, the total sum will bear 12% interest per annum till its realization. Pronounced on this the 29th day of Sept' 2016.

                       Sd/-                                                            Sd/-

                MEMBER                                           PRESIDENT, DCDRF,

                                                                               NABARANGPUR.