Orissa

Rayagada

CC/15/52

Ashok Kumar Lenka - Complainant(s)

Versus

M/s Mobil World, Rayagda Others - Opp.Party(s)

Self

26 Feb 2016

ORDER

            DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA

                                                   C.C. Case  No.39/ 2015.

                                                                       

 P R E S E N T .

Sri Pradeep Kumar Dash, LL.B,                             President.

Smt. Ch.  Nirmala Kumari Raju, LLB,                    Member

Sri  T.S.Achary,S/o late T.P.Achary,Resident of Goutam Nagar,Raaaaaaaniguda Farm,Rayagada,Po/Ps/Dist.Rayagada.

                                                                                                     ………Complainant

Vrs.

 

1.                  M/s Mobile King,D.No.58-1-400,B.M.Complex,NAD Road,Visakhapatnam-530009,Andhra Pradesh.

2.                  M/s Sainath Enterprises, 63-23-A,Chaitanya Nagar,Near Kinnera Theatre,NH 5 Road,Visakhapatnbam-13.

3.                  IDEA Tele Systems Ltd.,A-26/5 Mohan Co-operataive Industrial Estate, Mathura Road, New Delhi-110044.

                                                                                                     ……...Opp.Parties

Counsel for the parties:

For the complainant: In Person

For the O.Ps: Exparte

 

                                                                                                          JUDGMENT

                        The facts of the complaint  in brief is that,  the complainant has purchased  one  Idea Aurus-III Black mobile set  from O.p. No.1 with a  consideration of Rs.6,600/- on 04.07.2014 vide Sales Invoice 5/2251 with one year warranty    but  within a week of  its  purchase the  mobile set  was  found defective    for which  the complainant informed to the O.pa. No.1 and delivered  the same  for repair on 24.11.2014 and on checking the O.p 2 has given a note of its defect in it and as per the said note it is having inherent manufacturing defect  and the said set is till now with the O.p 2 and the O.p 1 being the dealer has paid a deaf ear  and there is no response from O.p 3 hence finding no other option  the complainant  approach this forum and prayed to direct the O.ps  to replace the mobile set  or refund the cost of  Rs.6,600/- and  award compensation of Rs.5,000/-towards mental agony  and cost of litigation and such other relief as the forum deem fit and proper . Hence, this complaint.

                         On being noticed, though the O.ps appeared but failed to filed  written version and as  the O.ps failed to proceed in this case despite service of notice, the proceeding was set exparte against them.

                        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 replace  the mobile set  with fresh warranty  or  else   refund the cost of the mobile set  i.e. Rs.6,600/-   and pay  compensation of Rs.2,000/-  for mental agony undergone by the complainant and cost of Rs.500/- . Further, we direct the Ops to pay the aforesaid award amount  within one month from the date of receipt of this order, failing which the O.Ps are liable to pay  interest  @  12%  p.a. on the above awarded amount till  the date of payment. Accordingly the complaint is allowed.

                        Pronounced in open forum today on this 18^th day of November,2015 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.
2. Service Report

 By the Opp.Party: Nil

 

                                                                                                           President