MR LAXMI NARAYAN PADHI, PRESIDENT…             The facts of the case in brief is that, the complainant had purchased a mobile set make Samsung bearing model No.SM- G360H/DS, IMEI No. 357392/06/178304/9, on dated 27/12/2014 from OP.No.01 by paying an amount of Rs.9500/-. After purchase on the same day the said mobile found defective, hence the complainant approached the OP.2 on dt.27.12.2014 at about 5.30 p.m. and handover the set for necessary repair, who repaired the set but handover the set after few days and issued a Job card to that effect. Later the said set shows some other defects, like battery over heating & mother board defective, hence he further approached the OP.no.2 on dt.22.05.15 but he fails to repair the set of the complainant and advised to file a consumer complaint to that effect. The complainant time and again requested the OP.s to redress the matter but for no action has been taken by the OP.s. The complainant being a Government employee highly depends on his mobile. Hence the complainant sustained great humility, physical discomfort financial losses and mental agony due to the illegal action of OP.s. So he prays before the Forum to direct the OP.s to pay the price of the alleged handset including a punitive cost of Rs.60,000/- for such negligent and deficiency in service on the part of OP.s.

2.         On the other hand the counsel for OP.3 & 4 appeared and filed nothing except her vakalat along with time petition despite given three months time of its admission. The OP.1 appeared and filed his counter in the case. Hence the OP.s 2, 3 & 4 set as ex parte as contemplated in Sec.13(2)(b) of the C.P.Act.1986. The complainant has filed cash invoice of the alleged mobile set along with 02 copy of warranty cards issued by OP.2. The complainant & OP.1 has been heard the case at length, perused the records and submissions considered.

            The consumer protection act is a socio economic beneficial law, intended for speedy delivery of justice to the aggrieved 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.

3.         From the submissions, it is found that the complainant has procured the mobile set on dt.27.12.2014 and the same found defect on the same day i.e. within valid warranty period. As per the service warranty conditions the complainant approached the OP.s for necessary repair showing the above said troubles, but the OP.s neither mend the set through their service center nor replaced it with a new one. Considering the evidences, submissions by the complainant, we feel that, the mobile set purchased by the complainant has manufacturing defect and the OP.s having authorized service center at Nabarangpur failed to render service to the complainant. Hence the complainant inflicted great mental tension with the defective set, and also inflicted financial losses and valuable times, and craves the leave of this forum under compulsions. 

4.         From the above discussions and perusing the submissions filed by the complainant, we are of the view that the alleged set has some inherent manufacture defect and the OP.no.3 & 4 despite receiving notice of this forum are failed to render service to the complainant and there is nothing to disbelieve with the contentions of complainant unless filing counter and evidences by the OP.s, hence we feel that the action of OP.3 & 4 is unfair, unscrupulous, highhanded and found guilty of deficiency in service, hence the complainant is entitled for relief.

            The complaint is allowed against the OP.no.3 & 4 with costs.

                                                                        O  R  D  E  R

i.          The opposite party no.3 & 4 are hereby directed to pay the price of the so called set i.e. Rs.9500/- (Rupees Nine thousand & five hundred) in place of the defective set, inter alia to pay Rs.2,000/-(Two thousand) as compensation and a sum of Rs.1,000/-(One 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 in the open forum on this the 24th day of Nov' 2015.

  Sd/-                            Sd/-                                      Sd/-

MEMBER              MEMBER               PRESIDENT, DCDRF,

                                                                      NABARANGPUR