SRI G.K. RATH, HON’BLE PRESIDENT …                      The fact of case is that, the complainant, had purchased a mobile, Samsung G935F 32 GB bearing its IMEI No.357327071965897 on dated 21.08.2016 from OP.no.1 for Rs.55,900/-. After 06 months it detects hang, overheating & network problems. Hence the complainant approached the local service center at Nabarangpur for necessary repair on dt.24.04.17, but the local Service care was closed on that day, hence he could not rectify the defects at Nabarangpur. So on the same day he rushed to the service center of OP.2 but though he kept the set for repair but could not rectify the problems arouse in the mobile but observing major problems advised to contact the OP.3 for more services. Hence he approached the OP.3 on dt.30.4.17 at about 1.34 p.m requesting to replace the alleged set with a new one through their toll free number 1800407267864, but who delivered nothing except evasive advises with a Ref.No.8448491036. So the complainant alleged that the OP.3 has provide him a substandard mobile set for a good price, for which the complainant sustained losses through physically and financially which could not be compensated in terms of money, hence he contends that there is deficiency in service and unfair practice on the part of OP.s and to which act the complainant sustained mental agony, physical pain and financial hardship due to the malfeasance actions of OP.s. So he prayed before the Forum to direct the OP.s to pay the price of alleged handset and a sum of Rs.50,000/- as compensation and Rs.10,000/- as cost of litigation for such unfair, illegal, deceptive practices on the part of OP.s.   

2.         On the other hand, the counsel for OP.3 filed his counter in the case to contend nothing new on jurisdiction and other evasive denials as usual. Despite issuance of notice of this forum, none appeared for OP.no.1 & 2 or filed any scrap of documents in their support, hence the OP.no.1 & 2 declared ex parte as per the provisions envisaged in C.P.Act 1986. The complainant has filed invoice of the alleged product, service job sheet & warranty card etc. Heard from the complainant and counsel for OP.3, perused the records.

3.         It reveals from record that the complainant has procured the mobile in question on dt.21.08.2016 and the same reported defect with in valid warranty period of its purchase. It is seen that, the complainant time and again approached the OP.s averring the so called defects, but the OP.s neither rectified the set nor replaced it with a new one despite of several requests. Perusing the evidences, submissions by the complainant and on examining the alleged mobile set we are of the view that, the mobile set purchased by the complainant has inherent defect and the OP.s failed to render any service to the complainant within warranty period. Hence under compulsion the complainant purchased another mobile set for his necessities. Thus the complainant suffered from mental agony with the defective set, and also inflicted financial losses and valuable times for the negligence and unfair practices of OP.s, hence he craves the leave of this forum and prayed for compensation.

4.         From the above discussions and perusing the submissions filed by the complainant, it is noticed that, the OP.s despite receiving notice of this forum are failed to take any steps to settle the matter of complainant inter alia, there is nothing to reject the contentions of complainant which supported by cogent evidences, hence we feel that the action of OP.s is illegal, high handed, arbitrary and unfair which amounts to deficiency in service and against the principles of resjudicata, so found guilty under the provisions of the C.P.Act 1986, hence the complainant is lawfully entitled for relief. However detecting manufacture defect, the complaint is allowed against OP.no.3 with costs. 

ORDER

i.          The opposite party no.3 supra is hereby directed to pay the cost of the mobile set as per invoice Rs.55,900/- (Rupees Fifty Five thousand & Nine hundred only) and to pay Rs.10,000/-(Ten thousand) as compensation and Rs.10,000/- (Ten thousand) for harassment, mental agony and Rs.5000/-(Five thousand) for cost of litigation expenses to the complainant.

ii.         The above awards shall be complied with in 30 days from the date of receipt of this order, failing which, the total amount shall carry @ 12% interest per annum till its realization. Order pronounced in the open forum on this the 16th day of Oct' 2017.

  sd/-                                    sd/-                                     sd/-

MEMBER                      MEMBER                 PRESIDENT,DCDRF,

(Sri R.S.Nayak           (Smt M.Padhi)                    (Sri G.K.Rath)