MR LAXMI NARAYAN PADHI, PRESIDENT… The substance of complaint is that, the complainant had purchased a Mobile set Gionee M3 bearing its IMEI No.865747028581213 on dt.13.01.2015 from OP.1 and paid Rs.12,100/-. After purchase of just six month i.e during the month of July'15 the mobile set reported problems like internet does not link, hang, automatic shutdown while calling, battery overheating etc. So the complainant approached the OP No.2 on dt.21.07.15 and requested to mend the set proper or replace, but in result the OP.2 did nothing except off line formats the mobile and handover the set without any service papers. Finding no other way the complainant returned to Nabarangpur but the very next day the mobile shows the same problem as it was in previous. Hence on dt.10.08.15 at about 12.30 p.m. the complainant further approached the OP.no.2 for repair the set but the OP.2 refuse to receive the set. After refusal by OP.no.2, the complainant complained the OP.3 for 03 times through their customer care toll free No.1800 208 1166 during the month of Aug and Sept'15 but all the times the customer service officials said that, "you go and approach the nearest service center and let us talk to OP.no.2 at your presence". Being getting little hope from the OP.3 the complainant 02 times approached the OP.2 and averred as stated by the Customer Care officials and requested the OP.2 to talk to the customer service of OP.3 but all the times the OP.2 avoids to talk with OP.3 and denied to render any further service to the defective mobile. Hence the complainant contends that, the said set has some inherent defect which could not be repaired by the OP.s within valid warranty period. The complainant has purchased the mobile set from his hard earned money being allured with the attractive features but he abstained to facilitate the same, hence finding no other way the complainant purchased another mobile by paying Rs.7500/- for his use. For such malfeasance action of OP.s the complainant severely inflicted with financially and professionally, which amounts to deficiency in service on the part of OP.s. Hence the complainant craves the leave of this forum and prayed for justice. For such highhanded action of the OP.2 & 3, the complainant inflicted great humility, financial hardship and mental agony. So he prayed the Forum to direct the OP.s to pay the price of the said handset and a sum of Rs.75,000/- as compensation and Rs.10,000/- towards cost of the litigation for such arbitrary, highhanded and unfair practices by the OP.s.
2. On the other hand the OP.s neither appeared nor files any counter in spite of several chances since admission of the case. Hence the OP.s set ex parte as per Sec.13(2)(b) of the C.P.Act.1986. The complainant has filed cash invoice of the alleged mobile, along with warranty card of the set. The complainant heard the case at length, perused the record and submissions considered.
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. On perusal of above submissions, it is found that the complainant has procured the mobile set on dt.13.01.2015 by paying an amount of Rs.12,100/- being allured with great features and the same became defect with in valid warranty period. Hence the complainant approached the OP.2 for several times within valid warranty period for necessary repair, but the OP.s neither repaired the set nor replaced with a new one. Considering the evidences, submissions by the complainant, we are of the view that, the mobile set purchased by the complainant has inherent defect and the OP.s failed to provide any service to the complainant within warranty period. Thus the complainant sustained mental agony with the defective set, also inflicted financial and professional losses due to the negligence, arbitrary, unscrupulous, highhanded and unfair practices of OP.s, hence under compulsion the complainant filed the instant case and prayed for compensation.
5. From the above discussions and perusing the submissions by the complainant, we have carefully examined the alleged mobile set and found defects. It is further noticed that, despite service of notice of this forum the OP.s are failed to take any initiations to settle the matter of complainant and there is nothing to unbelieve the contentions of claim without appearance, counter and evidences by the OP.s, hence we feel that the action of OP.no.2 & 3 is illegal, highhanded and unfair which amounts to deficiency in service and hence they found guilty under the provisions of the C.P.Act 1986, as thus the complainant is entitled for relief. Further it is seen from various mobile disputes pending/disposed in the file of this forum that, the OP.no.2 being the authorized service provider of Gionee care is failed to provide satisfactory service to the customers, and for such malfeasance action, the cases of mobile increasing day by day against the OP Company, hence an award of exemplary damages can serve the useful purpose in vindicating the strength of law of the land.
However we allow the complaint, with cost against the OP.3.
O R D E R
i. The opposite party 3 supra is hereby directed to pay the price of the mobile set Rs.12,100/- (Rupees Twelve thousand & one hundred) only inter alia, to pay Rs.20,000/-(Rupees Twenty thousand) as compensation and a sum of Rs.5000/-(Five thousand) towards the cost of litigation to the complainant, for such deceptive, unscrupulous, highhanded, deficiency in service and willful negligence.
iii. All the above directions shall be complied with in 30 days of this order, failing which, the total sum will carry 12% interest per annum till its realization. Pronounced on 27th day of June' 2016.
Sd/- Sd/-
MEMBER PRESIDENT, DCDRF,
NABARANGPUR.
