MR LAXMI NARAYAN PADHI, PRESIDENT… The facts of the case in brief is that, the Complainant is a college going student had purchased a mobile cell make Samsung bearing model No.Q355, IMEI No. 354799064827537, dated 28/09/2014 from OP.No-01 by paying an amount of Rs.8200/-. After purchase of one month, the said mobile shows various problems like hang, battery has not backed up proper and automatically shutdown. So the complainant approached the OP No.2 and handover the set for necessary repair, who updated the software and deleted important files from the set and despite demand the OP.2 has not issued any Job card to that effect. After some days the said set shows the same defects, hence she further approached the OP.no.2 and requests for replacement of the set with a new one but the OP.2 unless clearing the software did nothing to eradicate the problems and on demand issued a job sheet on dt.03.04.2015 and said that the set has some major problems which could not be rectify by him and advised the complainant to contact the OP.3 for more services. While the complainant approached the OP.3 through their toll free number i.e. 180030008282, there was no response. The complainant time and again requested the OP.s to redress the matter but for no response till yet. Furthermore the complainant being college student highly depends on her mobile to get internet facilities but she restrained from the same due to the inaction of the OP.s. Hence the Complainant sustained to great humility, physical discomfort financial losses and mental agony which could not be evaluated in terms of money. So she prays before the Hon’ble Forum to direct the OP.s to replace the alleged handset including a punitive cost of Rs.50,000/- for such negligent and deficiency in service on the part of OP.s and other relief as the forum deem fit and proper in the interest of justice.

2.         On the other hand the OP.s neither appeared nor filed any counter in spite of chances given to them for more than three months. Hence the OP.s 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 along with service job sheet of OP.2 and warranty card of the set. The complainant heard the case at length, perused the records and submissions considered.

3.         From the above submissions, it is found that the complainant has procured the mobile set on dt.28.09.2014 and the same became defect with in valid warranty period. As per the service warranty conditions the complainant approached to the OP.s for necessary repair showing the above said troubles, but the OP.s neither redeemed the set through their service center nor replaced the set 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 failed to provide any service when it requires. Hence the complainant being a student suffered from trauma with the defective set, and also inflicted financial losses and valuable times, hence the complainant under compulsion file the instant case. 

4.         From the above discussions and perusing the submissions filed by the complainant, we are of the view that the alleged set has some manufacture defect and the OP.no.2 & 3 despite receiving notice from this forum is failed to render service to the complainant and there is nothing to disbelieve with the contentions of complainant without submission of counter and evidences by the OP.s, hence we feel that the action of OP.2 & 3 is illegal, arbitrary and highhanded which amounts to deficiency in service and the complainant is entitled for relief.

            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 is hereby directed to pay the price of the set i.e. Rs.8200/- (Eight thousand & two hundred) inter alia to pay Rs.9,000/-(Nine thousand) as compensation and a sum of Rs.5000/-(Five 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 carry 12% interest per annum till its realization.

            Pronounced in the open forum on this the 13th day of July' 2015.

     Sd/-                             Sd/-                               Sd/-

MEMBER                 MEMBER              PRESIDENT, DCDRF,

                                                                       NABARANGPUR.

Date of Preparation: 

Date of dispatch      :  

Date of received by                                                           

the A/A for Ops / Complainant  :

Initial of the dispatcher.