Orissa

Cuttak

CC/75/2021

Somesh Sureka - Complainant(s)

Versus

Navedhya Mobile and Service - Opp.Party(s)

Self

04 Jun 2022

ORDER

 

 

IN THE COURT OF THE DIST. CONSUMER DIUSPUTES REDRESSAL COMMISSION,CUTTACK.

                                                                                C.C.No.75/2021

Somesh Sureka,

S/O:Ganesh Kumar Sureka,

At:Plot No.1D/84,Sector-10,

C.D.A,Cuttack-753014.                                                                  ... Complainant.

        

                                                Vrs.

1.        The Proprietor,

Nevedhya Mobile and Service,

Near Seva Nursing Home,

Seminary Chhack,Cuttack-753001.

 

2.        The Proprietor,

M/s.Sai Solutions,Shop No.129/130,

Big Bazar,Dargha Bazar,

Cuttack-753012.

 

3.        The Managing Director,

Xiaomi Technology India Pvt. Ltd.,

2^nd Floor,T-5,EPm Block,Sector-V,

Bidhannagar,Kolkata,

West Bengal-700091.                                                                   ...Opp. Parties.

                       

Present:               Sri Debasish Nayak,President.

                                Sri Sibananda Mohanty,Member.

 

Date of filing:    13.04.2021

Date of Order:  04.06.2022

 

For the complainant:            Self.

For the O.Ps.              :           None.

 

Sri Debasish Nayak,President              

           

            Case of the complainant in nutshell is that he had purchased a mobile phone bearing (Model name Redmii-862921047671338) Navedhva Mobile on 21.10.2020.  But soon after its purchase, there was defect in the screen of the said mobile for which he had to contact O.P No.1 and had given his phone for servicing on 3.2.21.  He received back his phone on 10.2.21 but the same defect continued.  Ultimately he had to file this case claiming Rs.16,999/- towards the cost of the mobile phone along with a sum of Rs.50,000/- towards his mental agony  and sufferings.  He has filed copies of his mobile phone purchase receipt, service receipt etc to prove his case.

2.         On the other hand, the O.Ps having not contested this case were set exparte vide order dt.31.3.2022.  The points to be clarified to be clarified in this case are as follows:

            i.          Whether the complainant is a consumer?

            ii.         Whether the case as filed is maintainable?

            iii.        Whether the complainant has cause of action to file this case?

            iv.        Whether the O.Ps had committed any deficiency in service?

            v.         Whether the O.Ps had adopted unfair trade practice?

            vi.        Whether the complainant is entitled to the reliefs as claimed?

Points No.1,2 & 3.

            For the same of convenience points no.1,2 & 3 are taken up together first for consideration.  From the contents of the complaint petition as well as while perusing the annexures attached to the complaint petition, it is noticed that the complainant Somesh Sureka had paid a consideration amount of Rs.16,999/- on 21.10.20 to O.P No.3 and had purchased one Redmi mobile set bearing Model  No.862921047671338, IMEI No.862921047671338.  As it appears from the copy of the service record, the said mobile of the complainant was repaired and given back to him on 10.2.21.  The copy of the chatting message as made out in between the complainant and the O.P No.3, it is noticed that each time O.P No.3 was assuring for rectification of the defects and that his team would be in touch with the complainant on or before 2.2.1, on or before 3.2.21, on or before6.2.21 and on or before 15.2.21 and the mobile phone had series of defects.  Thus it can be safely concluded here that the complainant was undoubtedly a customer and had a definite cause of action to file this case and his case is definitely maintainable.   Accordingly all these three points are answered in favour of the complainant.

Points No.4 & 5.

            From the above discussion as well as from the copies of the documents as available in the case record, it can well be said here that the O.Ps had adopted unfair trade practice and there was deficiency in service on their part.  Accordingly all these three points are answered against the O.Ps.

Point No.6.

            The complainant is therefore entitled to the reliefs as claimed by him.  Hence it is so ordered;

                                                            ORDER

            The case is decreed exparte against all the O.Ps who are found jointly and severally liable here in this case.  The O.Ps are thus directed to repay the amount of Rs.16,999/- immediately to the complainant alongwith interest @ 9% per annum with effect from the date of purchase of the mobile phone i.e. 21.10.20 till when the final payment is made. 

 

The O.Ps are also directed to pay a sum of Rs.50,000/- to the complainant towards his mental agony, sufferings and litigation costs.  This order is to be carried out within a month hence.

Order pronounced in the open court on the 4^th day of June,2022 under the seal and signature of this Commission.

                                                                                                                                                                        

                                                                                                                                                                                                                                                                                                                                               

                                                                                                                            

                                                                                                                            Sri Debasish Nayak

                                                                                                                                        President

 

 

                                                                                                                         Sri Sibananda Mohanty

                                                                                                                            Member.