DISTRICT  CONSUMER  DISPUTES  REDRESSAL  FORUM.  BOLANGIR.

                           ……………………………………….

Presents:-

                            1. Sri P.Samantara, President.

                            2. Sri G.K.Rath, Member.

                            3. Smt. S.Rath, Member.

                            Dated Bolangir the  29^th  day of  June 2016.

                             C.C.No.85 of 2015.

Harekrushna Patel, son of late Lingaraj Patel, At- Jagannathpara, Bolangir Town,

P.O/P.S & Dist- Bolangir.

                                                                                             ..                              ..                   Complainant.

                              -Versus-

1. M/S. Gopanjali Tale Sales,  Authorized repairing Centre of Micromax.

    H.O.Bansi Pattanaik, At-Kansaripada, 1str Floor, Suruchi Market Complex,

    Bolangir Town, P.O/P.S/Dist- BOlangir.

2.Micromax Informaties Ltd. 21/14A, Phase-II, Naraina  Industrial  Area,

    Delhi- 110028.

                                                                                            ..                               ..                     Opp.Parties.

Adv. for the complainant- Sri D.Biswal  & Associates.

Adv. for the Opp.Parties  - None.

                                                                                                      Date of filing of the case – 17.11.2015

                                                                                                       Date of order                    - 29.06.2016

JUDGMENT.

Sri P.Samantara, President.

                       In brief, the complainant purchased a Micro Max brand mobile set Model-S-301 on Dt.17.08.2015 from M/S. Pradeep  Enterprises, Ramai Talkies Chowk,  Bolangir for a consideration of Rs 2,800/- and it is said, the mobile developed multiple defects within one month of its purchase.

2.                  The complainant also said on dt.14.09.2015, the mobile is deposited at Service Centre- M/S. Golpanjali Tele Sales, Clubpara, Bolangir vide job sheet No.E010305-091519168176. The job sheet reflects the defects in its colour along with customer details. It is complained no step has been taken to remove the defect in coming to original restoration. Neither defects neither removed nor refunded offered rather not responding to the call of the forum ignoring the laws of land.

3.                  Prayed a new handset is given in alternative the price may be refunded along with compensation and cost that deems fit. Relied on original purchase receipt and job sheet in photo copy along with affidavit.

4.                               In pursuance to notice, the O.Ps remain silent. Neither appeared nor made any version. We find the notice is sufficient u/s.28A of the Act and willful default in non-appearance is squarely amounts to negligence. Heard and perused the materials on record. In purchase of the micro-max product model No-S-301,the complainant is the consumer and the product (handset ) surface defects within the warranty which is affirmed under job sheet but not remove d. Non removal  of defect within the warranty period having no answer to the same job sheet is commission of negligence, huge shortcoming and keeping silence on the issue again admission of gross negligence as the job sheet clearly evidential in the matter.

5.                            The consumer has lost it’s hope and found forfeit of money for which it is purposefully purchased. Thus taking shelter under the Consumer Protection Act is just and proper. Accordingly we allow the case under sub section 2 of Sec.13 of C.P.Act on the basis of evidence brought to our notice. And it is clinching evidential the O.P has omitted and miserably failed to address a genuine defects in his knowledge till the day. Thus the O.Ps are liable to pay, accordingly we ordered:

                                                          ORDER.

(I)                          The O.Ps are jointly and severally liable to pay the petitioner for non removal of defect thereby sustaining loss. Hence the O.Ps are directed to refund a sum of Rs 2,800/- to the petitioner within 20 days instant, failing which interest @ 9% per annum will accrue on the same from the date of order till realization.

(ii)                         No order as to compensation and cost.

(iii)                       The O.Ps are penalized a sum of Rs 1,000/- each for non adhering to the call of the forum. Non compliance of order will accrue Rs 10/- per day as penalty. The penalty will accrue from the date of the order and till the amount realized & be paid to the petitioner without any demur. Further non compliance of order will attract cancellation of Municipal  trade license forthwith.

(iv)                      We hereby direct all the banks in periphery of Bolangir town, forthwith to cease the Current Account  / Savings  Bank accounts held either in M/S.Gopanjali Tele Sales, Clubpara or in it’s owner name with immediate effect and make it inoperative till compliance of the aforesaid order and until further direction passed by this court.

ORDER PRONOUNCED IN OPEN FORUM THIS THE 29^TH  DAY OF JUNE 2016.

             I agree.                                                   I agree.

            (S.RATH)                                               (G.K.RATH)                                                           (P.SAMANTARA)

            MEMBER                                               MEMBER.                                                                 PRESIDENT.