DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO. 09 OF 2016
Rajesh Singharia (28 Yrs.),
S/O: Akura Singharia,
R/O: Telenpali,
PO/PS: Brajrajnagar,
Dist- Jharsuguda, Odisha,…………………..…………..……..………. Complainant.
Versus
1. M/S Mahalaxmi Mobiles,
At: Station Road, Brajrajnagar,
PO/PS: Brajrajnagar,
Dist: Jharsuguda, Odisha.
2. M/s Intex Technologies ( India Ltd),
D-18/02, Okhala Industrial Area, Phase-II,
New Delhi- 110 020 ( India).
3. Aditya Computer Service,
Purnabasti Road, PO- Kalimandir Road,
Near Hotel Usha Parvati,
Ps/Dist: Jharsuguda, ………………………………..Odisha. Opp. Parties.
Counsel for the Parties:-
For the Complainant Self.
For the Opp. Party No.1,2 & 3 None (Ex-Parte).
Date of Order: 12.04.2016
Present
1. Shri S.L. Behera, President.
2. Smt. A. Nanda, Sr.Member.
Smt. Anamika Nanda, Sr. Member: - The complainant’s case in brief is that, he had purchased one INTEX AQUA LIFE-II white plus orange color mobile hand set by paying Rs.5,500/- only on dtd. 01.06.2015 vide bill No. 1414 from O.P.No.1 having warranty of one year from the date of its purchase. The said mobile hand set started occurring problem in the month of July,2015 and on advise of O.P.No1, the complainant had handed over the said hand set to O.P.No.3 on dtd.03.08.2015,
instead to find out its defects or repairing the said mobile the O.P.No.3 handed over a mobile to the complainant for his use on remarks on the Intex letter pad “SET
REPL CE STAR of IMEI- 9114350097922”. The said mobile hand set which was given by the O.P.No.3 also gave trouble and the same was also return back to the O.P.No.3 by the complainant in the month of November,2015 as the O.P.No.3 was fully aware of the fact the original mobile of the complainant could not be repaired so the O.P.No.3 gave a LIFE-II black and blue colour INTEX mobile to the complainant but the second one was also gave trouble in its in handing and volume key broken so the complainant returned back the said mobile to the O.P.No.3 on dtd. 27.01.2016 but still the complainant contacted to the O.P.No.3 for its replacement and the O.Ps. did not respond in this regard, hence this case, for relief as mentioned in the prayer portion of the complaint petition.
The complainant filed Xerox copy of invoice No.1414, Xerox copy of INTEX service request, evidence in shape of affidavit in support of his case.
Being noticed through this Forum, the O.Ps. are neither appeared before this Forum nor submit his written statement,. Notice served to all the O.Ps. which are returned back and attached in the case record. Hence they are set ex-parte.
On perusal of the case record including materials available, it is noted that the complainant has purchased one INTEX AQU LIFE-II white plus orange color mobile hand set by paying Rs.5,500/- only on dtd. 01.06.2015 vide bill No. 1414 from O.P.No.1 having warranty of one year from the date of its purchase. After being trouble occurred within the warranty period and after repeated requests by the complainant to the O.Ps., the O.Ps. did not respond. After receiving full and final consideration of the mobile hand set from the complainant. The O.Ps. neither repaired the mobile hand set to the satisfaction of the complainant nor replace the same within the warranty period by the O.ps. is nothing but a gross deficiency in service so also unfair trade practice on the part of O.Ps. The complainant should entitled to get relief along with compensation, hence the order as follows;
ORDER
The O.P.No.1 is hereby directed to returned the new defect free mobile hand set of INTEX AQUA LIFE-II white plus orange color mobile i.e,Rs.5,500/- only to the complainant and after receiving the Old hand set( if any) or to pay the full price of the same hand set i.e. Rs.5,500/- only. Further the O.P.No.1 is directed to pay a sum of Rs.2,000/- ( Rupees two thousand) only towards compensation for mental agony and harassment including litigation cost within in 30 days from the date of receipt of this order, failing which interest @ 10% per annum will be charged on the whole awarded amount till date of realization.
Accordingly the case is disposed of.
Order pronounced in the open court today on this the 12th day of April, 2016, copy of this order shall be communicated to the parties as per Rule.
I Agree.
S.L.Behera, President A.Nanda, Sr.Member (W)
Dictated and corrected by me.
A.Nanda, Sr.Member (W)
