MR LAXMI NARAYAN PADHI, PRESIDENT… The complaint is that, the above complainant purchased a Mobile Gionee E-S-5-1, vide its IMEI No.862704028495160 on dated 04.11.2015 from OP.1 by paying Rs.15,100/-. Later purchase of few days the mobile set reported software & hardware corrupt and became unfunctioned. So the complainant personally approached the OP.No.2 to rectify the defects but the OP.2 being the authorized service center of Gionee mobiles though repaired the same but demanded Rs.2200/- which the complainant paid with objection but the OP.2 did not issued any voucher to that effect. Further after its use the set appears the same issues, hence the complainant again approached the OP.2 but he refused to receive the mobile set and threatened the complainant in filthy languages with warning to not to come again to his shop. However later on dt.15.7.16 the OP.2 contacted the complainant and said that the set has some inherent defect hence he will sent the set to his higher ups but for no action. The complainant approached the OP.1 and requested to replace the same through OP.3 but he denied. Finding no other way on dt.14.08.16 the complainant contacted the OP.no.3 through email at gcare@gionee.co.in but for no action. Hence the complainant contended that, the said set has inherent manufacture defect but the OP.s neither repaired nor replaced the same with a new one within the warranty period, which amounts to deficiency in service. Hence, the complainant craves the leave of this forum seeking justice. For such illegal action of OP.s, the complainant inflicted great humility, financial hardship and mental agony, hence prayed the Forum to direct the OP.s to pay the repair cost of Rs.2200/-, price of the said handset and a sum of Rs.50,000/- as compensation and Rs.10,000/- for litigation cost.
2. On the other hand the OP.s neither appeared nor file any counter in spite of several chances in it’s admission. Hence they set ex parte as per Sec.13(2)(b) of the C.P.Act.1986. The complainant has filed copy of cash invoice, affidavit & job sheet of OP.2. The complainant heard the case at length, perused the record and submissions considered.
3. From the above submissions, it is found that the complainant has procured the mobile set on dt.04.11.2015 by paying an amount of Rs.15,100/- alluring better features and the same reported defect with in warranty period. Hence the complainant approached the OP.s for repair, but the OP.s neither received the set nor heard his requests. Considering the evidences, submissions by the complainant, we are of the view that, the mobile set in question has inherent problem and the OP.s failed to provide service to the complainant within warranty period. Thus the complainant sustained mental agony and also inflicted financial losses and valuable times due to the negligence, arbitrary and unfair practices of OP.s hence prayed for compensation.
4. It is noticed that, despite service of notice of this forum the OP.s are failed to take any step to settle the matter with complainant and there is nothing to decline the contentions of complainant without appearance, filing counter and evidences by the OP.s, hence we feel that the action of OP is highhanded and unfair which amounts to deficiency in service and hence they found guilty under certain provisions of the C.P.Act 1986. As thus we allow the complaint against the OP.3 with cost.
O R D E R
i. The opposite party.3 supra is hereby directed to pay the price of the set Rs.15,100/- (Rupees Fifteen thousand & One hundred) only in place of the alleged defective mobile set, inter alia, to pay Rs.3,000/-(Rupees Three thousand) as compensation and a sum of Rs.2000/-(Two thousand) towards the cost of litigation to the complainant, for such deceptive practice and willful negligence.
ii. All the above directions shall be complied with in 30 days of this order, failing which, the complainant reserves liberty to proceed through execution. Pronounced on 31st day of Dec' 2016.
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MEMBER MEMBER PRESIDENT, DCDRF,
NABARANGPUR.
