MRS MEENAKHI PADHI, MEMBER …                        The factual matrix of case is that, the complainant, had purchased a mobile, Samsung Model G531F bearing its IMEI No.355261073938150 on dated 26.03.2016 from the OP.no.1 for Rs.10,000/-. After 06 months of its use the mobile reported hang & network problems. Hence the complainant approached the service center at Nabarangpur for necessary repair, but he could not rectify the defects. So he again approached the service center i.e. OP.2 on dt.21.09.16 but he kept the set for a long period and handover the same on dt.02.11.2016 without issuing any job sheet, but he later found that the OP.2 could not rectified the network problems of the set as alleged. Hence the complainant again visited to OP.2 on dt.07.11.2016 for proper repair but who did nothing but issued a job sheet to that effect and the unit in question still with the custody of OP.2. Further in the meanwhile the complainant approached the OP.2 for several times but he neither handover the set nor replaced to the complainant. So the complainant came to a conclusion that, the set has inherent defect, hence immediately he approached the OP.3 requesting to replace the alleged set with a new one through their toll free number 1800407267864, but who delivered nothing except evasive advises with a Ref.No.8476398581. So the complainant alleged that the OP.3 has deliberately provide him a substandard set for a good value, hence there is deficiency in service and unfair trade practice on the part of OP.s and to which he sustained mental agony, physical pain and financial losses due to the malfeasance actions of OP.s. So he prayed before the Forum to direct the OP.s to pay the price of alleged handset and a sum of Rs.50,000/- as compensation and Rs.10,000/- as cost of litigation for such unfair, illegal & deceptive practices with deficiency in service on the part of OP.s and any other relief as the Hon’ble forum deem fit and proper in the interest of justice.

2.         The counsel for OP.3 though appeared but failed to file any counter in the case despite lapse of above 90 days of its admission. The OP.1 & 2 neither appeared nor filed their counter in the case. Hence all the OP.s set ex parte as provisions contemplated in C.P.Act.1986. The complainant has filed copy of cash invoice of the alleged mobile, service job sheet, and an affidavit in support of his claim. The complainant and counsel for OP.3 has heard the case at length and perused the record.

3.         From the above submissions, it reveals that the complainant has procured the mobile in question on dt.26.03.2016 and the same reported defects with in its valid warranty period. It is seen that, the complainant time and again persuaded the OP.s reporting the so called defects, but the OP.s neither rectified the set nor replaced it with a new one despite of several requests. Perusing the evidences, filed by the complainant, we are of the view that, the mobile set purchased by the complainant is substandard and the OP.s failed to render any positive response to the requests of complainant within valid warranty period. Thus the complainant suffered mental agony with the defective set, and also inflicted financial losses and valuable times due to the negligence and malfeasance practices of OP.s, hence he craves the leave of this forum and prayed for compensation.

4.         From the foregoing discussions and perusing the submissions by the complainant, it is further noticed that, the OP.s despite of complaints made by complainant and also receive notice of this forum did not turn to settle the matter of complainant and denying to handover the handset to the complainant in dilly dallying tactics. So there is nothing doubt in the contentions of complainant without filing counter and evidences by the OP.s, hence we feel that the action of OP.3 is illegal, highhanded, arbitrary and unfair which amounts to deficiency in service and found guilty under C.P.Act 1986, hence the complainant is lawfully entitled for relief.

                                             O  R  D  E  R

i.          The opposite party no.3 supra is hereby directed to pay the price of the set Rs10,000/- (Rupees Ten thousand) inter alia, to pay Rs.10,000/-(Ten thousand) as compensation and a sum of Rs.2000/-(Two 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 14th day of Feb' 2017.

          Sd/-                                                                        Sd/-

      MEMBER                                                      MEMBER, DCDRF,

                                                                                NABARANGPUR.

Date of Preparation: 

Date of dispatch      :  

Date of received by                                                           

the A/A for Ops / Complainant  :

Initial of the dispatcher.