OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KAMRUP,GUWAHATI
C.C.65/2016
Present:-
1)Md.Sahadat Hussain, A.J.S. - President
2)Smti Archana Deka Lahkar - Member
Sri Nobo Kishore Singha -Complainant
S/O- Gour Kishore Singha
R/O- Paltan Bazar, Manipuri Basti,P.O-Paltan Bazar
District-Kamrup,Guwahati
-VS-
1. M/S Techno World(Guwahati ) -Opp.Party
Nilgiri Mansion, Opposite Nemcare Hospital,
G.S.Road,Bhangagarh,Guwahati,Assam-781005
2. Sona Watch Co.
G.S.Road, Paltan Bazar,
Guwahati-781008
Appearance-
Learned advocates Smti Rina Rongmei for the complainant .
Date of exparte argument- 12.07.2017
Date of exparte judgment- 27.07.2017
JUDGMENT
This is a complaint u/s 12 of the Consumer Protection Act, 1986.
1.The complainat filed by Sri Nobo Kishore Singha against M/S Techno World (Guwahati) and Sona Watch Co. was admitted on 04-08-2016 and notices were served upon the opp. parties but they failed to take step in this proceeding and accordingly this forum vide order dtd. 08-12-2016 directed that the case against the opp. parties will proceed on exparte. The complainant filed his evidence on affidavit and his counsel Ld advocate Smti Rina Rongmei filed written argument on 16-05-2017 and forwarded her oral argument on 12-07-2017 and today we deliver our judgment which is as below:
2.The gist of the complainant is that the complainant had , on 12-08-2015 , purchased a mobile handset namely Micromax being IMEI/ESN No- 911417454181516/911417454585518 as item name A107(cosmic grey) and model code no-SERMOB0654 from Opp.Party No-2 at a value of Rs. 6,800/- vide voucher No-1575 dtd. 12-08-2015 but after few months of its use, it started disturbance and then he informed Opp.Party No-2 about the matter and showed the mobile to them but they returned the mobile after 10-15 minutes stating that it is a minor defect and nothing worried about and again on 29-05-2016 the mobile stopped functioning and the power of the mobile was not switch on , and then he on 30-05-2016 went to the shop of Opp.Party No-2 , and informed him about the matter but the Opp.Party No-2 referred him to Opp.Party No-1 M/S Techno World (Guwahati) and accordingly he went to Opp.Party No-1 and did discussion with them and they asked him to hand over the mobile and he handed over the mobile while they assure him that they will return the mobile within 20 days after reparing and they also issued a job sheet dtd. 30-05-2016 indicating the particulars of mobile set which is IMEI/ ESN No-911417454181516 / 911417454585518 , but Opp.Party No-2 did not return the mobile even expiry of 21 days and then he approach Opp.Party No-1 and informed him the matter and he also made correspondence with opp. parties over phone and they informed him that the mobile handset will be delivered after 15 days but till date it is not delivered to him by them and in result he suffered in his business and also suffered loss of reputation and has to bear mental agony and therefore he prays for returning the value of the mobile handset Rs.6,800/- and to pay compensation of Rs.75,000/- for loss of business , compensation of Rs.5,000 for loss of reputation and of compensation of Rs.50,000/- for sufferance from mental agony and harassment.
3.We have perused the pleading and evidence of the complainant .From Exhibit-1 , it appears to us that the complainant had purchased the said mobile handset on 12-08-2015 at a price of Rs.6,800/- from the shop of Opp.Party No-2 .
4. From evidence of the complainant ,it is also found that after few months of purchasing of the said mobile it showed malfunctioning and he then informed Opp.Party No-2 about the matter the staff of Opp.Party No-2 examine the mobile and return the same to him stating that everything is fine and then he came back home , but on 29-05-2016 the mobile stopped functioning and then he on the very next day went to the shop of Opp.Party No-2 and Opp.Party No-2 sent him to the authorised service centre (Opp.Party No-1) and Opp.Party No-1 asked him to deliver the mobile handset and answered him to returned the handset after atleast 20 days doing required repairing but Opp.Party No-1 did not return the mobile and he then again approach Opp.Party No-2 and on that day also Opp.Party No-1 assured him that the mobile handset will be delivered after 15 days but Opp.Party No-1 has not returned the said handset to him rather they behaved him with in an indecent manner and the said mobile still in the hand of Opp.Party No-1.
From Annex.-2 which is the job sheet of depositing the mobile handset by the complainant to Opp.Party No-1 it is crystal clear that the mobile of the complainant showed malfunctioning on 29-05-2016 and there before also. As the mobile was purchased on 12-08-2015 and as it has warranty period of 1 year it is found that within the warranty period the said mobile handset showed malfunctioning and finally stopped functioning on 29-05-2016 . Therefore the opp. parties are liable to repair the said mobile free of cost and also to replace it with a new one if the defect is beyond repairable . It is found that without accessing any force or getting it fallen from hand it showed malfunctioning and finally stopped functioning within the period of warranty. Therefore the opp. parties are liable to get the mobile repaired free of cost within reasonable period which may be 15 days like that or to replace it with a new one but opp. parties did not take step to return the said handset after repairing it even after making several correspondence with them and it is in their possession till now. In such situation it shall be presumed that the said mobile is in the state of beyond repairable and it has manufacturing defect. Therefore , we are of opinion that opp. parties are liable to return the value of the said handset.
5.By not returning the said handset for a long period after taking it on 30-05-2016 for repairing , the opp. parties caused certain business loss to the complainant as well as caused harassment to him for which they are liable to pay atleast Rs.5,000/- as compensation for causing business loss. Secondly , they are also liable to pay Rs.10,000/- as cost of the proceeding as well as Rs.5,000/- for causing harassment to him.
6.In view of the above discussion we hold that the complaint as filed has merit . Therefore the complaint against both the opp. parties is allowed on exparte and opp. parties are directed to return Rs.6,800/- the value of the said mobile to the complainant with interest @12% from 05-10-2016 and also to pay Rs.5,000/- as compensation for causing business loss to him, Rs.5,000/- for causing harassment to him and Rs.5,000/- as cost of the proceeding to which both the opp. parties are jointly and severally liable. They are directed to make payment within 45 days , in default, other amounts shall also carry interest in the same rate.
Given under our hand and seals on this day of 27th July,2017.
(Smti A.D.Lahkar) ( Md.S.Hussain)
Member President
