STATE CONSUMER DISPUTE REDRESSAL COMMISSION
BIHAR, PATNA
Appeal No. 03 of 2021
J.C. Manager, Reliance Jio Service Centre, Nalanda an office situated at Rana Bigha, Bihar Sharif, District- Nalanda (Bihar)
.… Appellant
Versus
Munna Kumar, Son of Sri Braj Kishor Pandey, Resident of Mohalla- Kamaruddinganj, Purani, Post Office- Bihar Sharif and Police Station- Laheri, District- Nalanda (Bihar)
…. Respondent
For the appellant: Adv. Praveen Kumar
For the Respondent: In person
Before,
Hon’ble Mr. Justice Sanjay Kumar, President
Mr. Ram Prawesh Das, Member
Dated 09.02.2023
As per Sanjay Kumar, President.
O r d e r
Present appeal has been filed on behalf of Reliance Jio Service Centre through its manager, Nalanda for setting aside the order dated 18.08.2020 passed in Complaint Case no. 50 of 2018 passed by the Ld. District Consumer Disputes Redressal Forum, Nalanda whereby and whereunder the consumer complaint case of the complainant has been allowed and appellant has been directed to pay the price of Jio Mobile set and Rs. 5,000/- as compensation for mental agony and cost of litigation.
Briefly stated the facts of the case is that complainant had purchased Model no. LYFLS5016 of LYF Jio Mobile namely Wind 7 Black through its authorized representative Ravi Kumar on 27.08.2016.
It is submitted on behalf of counsel for the appellant that complainant came to the office of Jio service centre, Rana Bigha at Biharsharif after one year and 11 months after expiration of warranty and extended warranty period i.e one year and six months respectively, for replacing new mobile battery as the old mobile battery had stopped working.
It is submitted that DRS explained to the complainant that the battery of the product needs to be replaced on cost and accordingly DRS gave an estimate for replacement of battery as per the job sheets dated 25.07.2018 for Rs. 816/- with a copy to the complainant. Complainant was also informed that the battery for the product is currently not in stock and will be made available within a period of seven days but thereafter complainant never visited to purchase the battery.
Complainant thereafter filed a consumer complaint case on 04.09.2018 before the District Forum stating therein that complainant had purchased a mobile and due to non-working of battery the mobile is not functional for last one month. It was further stated in the complaint petition that complainant went to the service centre to replace the defective battery however, he was informed about non availability of the battery of the aforesaid mobile in the stock. Complainant deposited his mobile set on 25.07.2018 but the battery was not replaced and mobile is still with service centre which shows deficiency in service by the appellant.
It is submitted on behalf of appellant that on notice they appeared before the consumer forum but were debarred by order dated 03.03.2020 from filing Written statement and the next date of hearing was 21.04.2020 when there was National Lock down in the country. It is further stated that during this period the Hon’ble State Commission had issued letters to District Commission not be pass any adverse order during lockdown in absence of parties despite that the District Forum passed the final order on 18.08.2020.
It is further submitted that the impugned order is factually incorrect as no mobile set was deposited by the complainant in the service centre and complainant had taken back the mobile set on 25.07.2018 itself. There is no documentary record evidencing deposit of mobile by complainant in service centre.
Since a meager amount was involved in present case and complainant in person appeared before this court and counsel for the appellant along with an official of the appellant Company was also present, this court tried to persuade both the parties to get the matter resolved outside the court through negotiation for which the counsel for the appellant as well as official agreed but complainant was not ready to settle the matter outside the court through negotiation and amicable settlement.
This court has gone through the materials placed on record but nowhere finds that the mobile set was deposited by the complainant in the service centre as such finding recorded by the District Forum that mobile set was deposited in the service centre on 25.07.2018 for which receipt was provided is an error of record. Even in the affidavit filed by complainant as recorded in the impugned order defective battery has been said to be deposited in the service centre by the complainant.
It is also an admitted fact that warranty period and extended warranty period of the battery was over as such battery can be replaced on payment of cost. Except giving a date as 25.07.2018 on which date complainant visited the service centre for replacement of battery no other date has been given by the complainant in his complaint petition of visiting the service centre. Even in a ex-parte proceeding complainant has to establish his case of deficiency in service by the service provider by leading oral as well as documentary evidence. During the pandemic period there was a general direction not to pass any adverse order in absence of appearance of any party.
Complainant had not made any complaint with regard to any defect in mobile set as such there was no occasion for the District Consumer Forum to order refund of price of mobile hand set.
As the period of warranty was over battery could be replaced only after payment of price of new battery and company is obliged to replace the battery on payment of price of battery.
For the reasons as stated above the order dated 18.08.2020 is set aside and the matter is remanded to the District Consumer Forum, Nalanda at Biharsharif to decide the matter afresh after accepting the Written statement filed by appellant and granting reasonable opportunity to both the parties to file affidavit and lead evidence in terms of prescribed procedure and District Consumer Forum to decide matter in the 3 months from the date of receipt/production of copy of order passed by this court.
(Ram Prawesh Das) (Sanjay Kumar,J)
Member President
Md. Fariduzzama
