MR LAXMI NARAYAN PADHI, PRESIDENT…                     The substance of complaint is that, the complainant had purchased a Mobile set Make Sony Xperia M2, bearing IMEI No.35395306-319871-0 & 35395306-319872-8 on dated 21/01/2015 from retail counter of OP.1 by paying an amount of Rs.13,900/-. After purchase of just few days & within valid warranty period, the said mobile hand set became defect like the software and hardware became corrupt and damaged. Hence the complainant approached the OP.2 on dt.15.03.15 and on 01.08.15 for necessary repair but in spite requests the OP.2 did not issued the service job sheet to that effect and warned the complainant to not to come again to his shop. As thus the complainant approached the OP.3 through email on dt.08.08.15 and lodge a complaint bearing request no.15081100327 dt.11.08.15 through mobile SMS. But the OP.3 did not take any action thereof, hence he further complained the OP.3 through email on dt.09.09.15 but also in vain. After few days the OP.2 over phone assured the complainant to replace the defective mobile with a new one but for no further action. So the complainant submitted that despite persuasions within valid warranty period, the OP.s did not redress his claim which is illegal and deficiency in service, hence he inflicted great humility, financial hardship & mental agony. So he prayed before the Forum to direct the OP.s to pay the price of said handset, along with a cost of Rs.50,000/- as compensation and Rs.10,000/- as cost of the litigation for such negligence and deficiency in service by the OP.s

2.         The OP.s neither appeared nor filed any counter in the case to contradict the complaint despite 03 months of its 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 copy of email letter addressed to the OP.3 and an affidavit in support of his claim. The complainant has heard the case at length and the submissions considered.

3.         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.

4.         Prima facie it reveals from the record that the complainant has purchased the mobile set on dt.21.01.2015 and the same became defect with in valid warranty period. As per the service warranty conditions the complainant approached the OP.s for necessary repair showing above said problems, but neither of the OP.s repaired the set through their service center nor replaced the set with a new one to the complainant.

5.         On the other hand it is seen from the whole transaction that, the OP.s despite receiving notice of this forum neither appeared nor did cared to file counter in the case. Hence without counter and evidences of OP.s there is nothing to unbelief the contentions of complaint.

6.         The complainant has adduced copy of retail invoice, warranty paper, insurance documents etc in support of his claim before this forum. On complaint, this forum served notice to the OP.s along with complaint petitions but the OP.s neither taken any initiation nor tried to settle the matter with the complainant. Considering the evidences, submissions by the complainant, we feel that, the mobile set procured by the complainant is a defective product, and despite several approaches by the complainant the OP.s neither redeemed the defective set nor replaced the same. Hence the complainant suffered mentally and physically with the defective set, and also inflicted financial losses, hence he craves the leave of this forum and seeks justice. The action of OP.s in the above complaint is highhanded, arbitrary and ulterior in motives. So the OP.s found guilty of deficiency in service, hence the complainant is entitled for relief.

            As thus the complaint is allowed against all the OP.s with costs.

                                           O  R  D  E  R

i.          The opposite parties supra are collaterally directed to replace the alleged set of complainant with a new one with fresh warranty, inter alia to pay Rs.2,000/-(two thousand) as compensation and a sum of Rs.1000/-(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 on 15th day of Jan' 2016.

  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.