MR LAXMI NARAYAN PADHI, PRESIDENT…             The facts of complaint in brief is that, the Complainant had procured a Mobile set Make Samsung GT-130, bearing IMEI No.353298061287473 on dated 19/12/2014 from OP.No-01 and paid an amount of Rs.4500/-. After purchase of some months the mobile set appears serious problems like battery problems, display not works properly, automatic switch on-off etc. The complainant approached the OP.no.2 on dt.31.10.15 and requested to repair the set, but the OP.2 returned the set with a note in his job sheet that, the set is out of warranty as the set has liquid damage. After some days he approached the OP.no.1 and requested to mend or replace the set but who returned the same without any heed. The complainant again approached the OP.1 to replace the defective set but he denied as the set has some major problems and he advised to contact the company. Hence the complainant under immense pressure inflicted great mental agony due to the substandard product of OP.s. Despite approaches, the OP.s highhandedly abstained to render service to the complainant. Hence the complainant craves the leave of this forum and seeking justice. Due to such illegal action of the OP.s, the Complainant inflicted great humility, monetary losses and mental agony. So he prayed to direct the OP.s to pay the price of the alleged product along with a sum of Rs.50,000/- as compensation and cost of the litigation.

2.         On the other hand the OP.1 entered his appearance and filed his counter wherein except evasive denials stated nothing in contradiction to the complaint. The rest OP.s neither appeared nor file any counter in spite several chances given to them in three months of it’s admission. Hence the OP.2 & 3 set 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, service job sheet along with warranty card of the set. The complainant has heard minutely 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.         From the above submissions, it is found that the complainant has procured the mobile set on dt.19.12.2014 and the same found defect on 31.10.15 i.e. with in warranty period. As per conditions of warranty, the complainant time and again approached the OP.s for necessary repair, but the OP.s neither mend the set nor replaced the set 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 manufacture defect and the OP.s failed to provide service to the complainant within warranty period. Thus the complainant sustained mental agony with the defective set, and also inflicted financial losses and valuable times due to the negligence and unfair practices of OP.s, hence he file the instant case and prayed for compensation.

5.         From the above facts it is noticed that, the OP.s despite service of notice of this forum are failed to take any initiations to settle the matter of complainant and there is nothing to disbelieve the contentions of complainant. Hence we feel that the action of OP.s is illegal and unfair which amounts to deficiency in service and the OP.2 & 3 found guilty under the provisions of the C.P.Act 1986, hence the complainant is entitled for relief. So the complaint is allowed against the OP.no.2 & 3 with costs.

O  R  D  E  R

i.          The opposite party no.2 & 3 supra are severally and collaterally directed to pay the price of the set Rs.4500/- (four thousand & five hundred) only in place of the alleged defective one, inter alia, to pay Rs.4,000/-(Four thousand) as compensation and a sum of Rs.1000/-(One thousand) towards the cost of litigation to the complainant.

ii.         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 15.03.2016.

  Sd/-                          Sd/-                               Sd/-

MEMBER         MEMBER                   PRESIDENT, DCDRF,

                                                                   NABARANGPUR.