Orissa

Jharsuguda

CC/68/2015

Sambhu Rajak S/O-Rama Chandra Rajak - Complainant(s)

Versus

M/S.Y2K Communications Shop No.7 - Opp.Party(s)

Self

21 Dec 2015

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

                                        

                                                          CONSUMER  COMPLAINT  CASE NO. 68 OF 2015

 

Sambhu Rajak (23 Yrs.),

S/O: Rama Chandra Rajak,

R/O: Qr. No. LCH-15,Mandalia,

PO/PS: Brajrajnagar,

Dist- Jharsuguda, Odisha,…………………..…………..……..………. Complainant.

     

                                           Versus 

 

1. M/S Y2K Communications,

Shop No.7, Plot No.351, Sahid Nagar,

PO/PS: Sahid Nagar, Bhubaeswar-751 007.

 

2. HTC Repair Centre, TVS Electronic Ltd.,

No. 359, First Floor, Sahid Nagar,Bhubaneswar-751 007.

PO/PS: Sahid Nagar,

Dist: Khurda, Odisha…………………………………...................... Opp. Parties.

 

 

Counsel for the Parties:-

For the Complainant                                          Self.

For the Opp. Party No.1 & 2                             None (Ex-Parte).

 

Date of Order: 21.12.2015

 

Present       

                                             1. Shri S.L. Behera, President.

                                             2. Smt. A. Nanda, Sr.Member.

                                                                                

Shri S.L. Behera, President: - The complainant’s case in brief is that, he had purchased one HTC mobile hand set by paying Rs.23,500/- only on dtd. 07.01.2015 vide its IMES No. 354920060346633 and cash memo serial No. 31147 having warranty of one year with assurance by the O.P.No.1. The said mobile hand set started occurring problem at his resident Madalia, Brajrajnagar and on advise of  O.P.No1, the complainant had handed over the said hand set to O.P.No.2.  After visiting for about more than 5 times the O.P.No.2 handed over the said mobile after repairing on dtd. 14.09.2015 but still yet the said hand set is giving much problem  for which he contacted to the O.P.No.1 for its replacement but the O.Ps. did not respond in this regard, hence this case, for relief as mentioned in the prayer portion of the complaint petition.

 

Being noticed through this Forum, the O.P.No.1 is neither appeared before this Forum nor submit his written statement, hence the O.P.No.1 is set ex-parte. Notice served to O.P.No.2 which is returned back and attached in the case record.

 

On dtd. 12.12.2015 the said case was posted for 3^rd National Lok Adalat for speedy disposal. The complainant is present, the O.Ps. are absent on call. Heard from the complainant in length.

 

On perusal of the case record including materials available, it is noted that the complainant has purchased mobile hand set of HTC  brand by paying Rs.23,500/- only on dtd. 07.01.2015 vide its IMES No. 354920060346633 and cash memo serial No. 31147 from O.P.No.1 with a warranty of one year from the date of purchasing i.e. 07.01.2015. 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 HTC Brand or to return the price of same hand set i.e. Rs.23,500/-  to the complainant and after receiving the Old hand set( if any).  Further the O.P.No.1 is directed to pay a sum of Rs.5,000/- ( Rupees five 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 21^st  day of December 2015, copy of this order shall be communicated to the parties as per Rule.

 

                                                 I Agree.        

                                                                                                           

                                         A.Nanda, Member (W)                                S.L.Behera, President           

                                      Dictated and corrected by me.

 

                               S.L.Behera, President