DATE OF DISPOSAL: 17.06.2020
Sri Karunakar Nayak,President:
The complainant has filed this consumer complaint Under Section 12 of the Consumer Protection Act, 1986, alleging deficiency in service against the Opposite Parties (in short the O.Ps.) and for redressal of his grievance before this Forum.
2. Briefly stated the case of the complainant is that he is a student of B.Sc in Khallikote Autonomous College, Bramhapur residing away from native and in urgent need purchased a mobile set. The complainant could find that Amazan i.e. O.P.No.4 marketing the product manufactured by O.P.No.1 and marketed by O.P.No.2. The O.P.No.4 is the service centre of the product i.e. mobile at Bramhapur, Ganjam. The complainant looked the mobile having the details hereunder using net number of M/s Amazan through Amazan.in commodity: GSM/WCDMA/LTE Mobile Phone, Model-Panasonic Eluga, A2, color- Metalic gold, Model No. EB-90550EA2, IMEI-1 351598081818898, IMEI-2 351598081818906, S/N-EA 210160079945. It was informed that the M/s Amazon do not have any delivery point at Bramhapur (which is now available) hence gave the address of one of the relative at Bhubaneswar who is an employee. In such process, the complainant purchased the mobile set in question on payment of Rs.7870/- vide cash memorandum dated 27.10.2016. The mobile started problem since beginning of February 2017 such as:- charging problem, Auto off, slow browsing, music player problem, video problem, low battery and important being internet problem. The mobile in question is under warranty of one year. Though the O.P. No.4 attended the defects, the mobile set started the problem for which the complainant again handed over the same with O.P.No.4 on 10.07.2017 vide job sheet No. 1204. Though the mobile set in question was repaired by the O.P.No.4 in two times, it is totally not functioning with the defects. For the manufacture defects as stated above and deficiencies of services the complainant faced harassments causing mental agony. Alleging deficiency in service on the part of the O.Ps the complainant prayed to direct the O.Ps to change of the defective mobile set with a new one or to refund the purchase costs of Rs.7870/-, compensation of Rs.10,000/- for harassment and litigation cost of Rs.5000/- to meet the expenses i.e. advocate fees, type, Xerox, affidavit, Indian Postal Order etc. in the best interest of justice.
3. Notices were issued to the Opposite Parties. But the O.Ps did not appear and file their written version on the date fixed as such the O.P.No.1 to 3 are set exparte on 13.02.2018 and O.P.No.4 set exparte on 20.03.2018.
4. On the date of hearing we heard the complainant’s advocate as the O.Ps have already set exparte. We perused the complaint petition, written arguments and materials placed on the case record. But it reveals from the record that for repairing the defective mobile the complainant has deposited his mobile in M/s Satis Solutions, Authorized Service Centre, Gandhi Nagar Main Road, Bramhapur (O.P.No.4) vide job sheet No. 1204 dated 10.07.2017 towards Auto off problem and on 22.2.2017 towards changing problem within the warranty period and to that effect job sheets have been filed by the complainant. It is also pertinent to mention here that though the complainant’s mobile repeatedly found defective but the O.Ps did not respond.
6. On foregoing discussion, and for the interest of justice, we hold that there is deficiency in service on the part of the O.Ps.
8. In the result, the complainant’s case is allowed against the O.Ps. The O.Ps are jointly and severally liable as such they are directed to repair the defective mobile set of the complainant in free of cost with fresh warranty or in alternative refund the cost of the defective mobile set i.e. Rs.7870/-. Further the O.Ps are directed to pay Rs.2000/- as compensation for mental agony alongwith Rs.1000/- as cost of litigation to the complainant. Both the orders shall be complied by the O.Ps within two months from the date of receipt of this order, failing which all the dues shall carry 12% interest per annum. The complainant is directed to refund the defective mobile set to the O.Ps. The case of the complainant is disposed of accordingly.
The order is pronounced on this day of 17th June 2020 under the signature and seal of this Forum. The office is directed to supply copy of order to the parties free of cost and a copy of same be sent to the server of www.confonet.nic.in for posting in internet and thereafter the file be consigned to record room.
