SRI GOPAL KRISHNA RATH, PRESIDENT …                The complaint in brief is that, the above complainant being allured with the attractive advertisement of OP.s had purchased one cell phone UNI 4 inch, ordered through online by paying Rs.2999/-. Later use the mobile reported defect like it had no android facility and the speakers were not functioning properly. So the complainant immediately approached the OP.s and lodged a complaint vide regd.no.ID-16947085 on dt.07.08.2016 requesting to replace the same but he refused to replace the mobile with a new one. Hence the counsel for complainant contends that, the mobile set is an inherent defective product but despite valid warranty period, the OP.s did not turned to his request, hence the action of OP.s amounts to deficiency in service. So, the complainant craves the leave of this forum and sought for justice. For such illegal action of OP.s, the complainant inflicted great humility, financial hardship and mental agony, hence prayed before the forum to direct the OP.s to pay the price of the said product and a sum of Rs.20,000/- as compensation and a sum of Rs.10,000/- as litigation cost.

2.         The counsel for OP.no.3 has filed his counter wherein he averred nothing except evasive denials. Hence without going to the unwarranted details in the counter, we decided to proceed the case as documents available in record on merit. The counsel for complainant has filed copy of evidences. Case heard from for both sides at length, perused the record and submissions considered.

3.         From the above submissions, it is found that the complainant has procured the mobile set on dt.05.07.2016 by paying an amount of Rs.2999/- alluring good features from the website of OP.s but the same reported defective within a month of its purchase. Hence the complainant approached the OP.s for replace the mobile with a new one, but the OP.s neither replaced the set nor paid its price. Considering the evidences, submissions by the complainant, we are of the view that, the mobile set in question has inherent problem and the O.P.s sold a substandard set to the complainant. Thus the complainant sustained mental agony and also inflicted financial losses and valuable times for the negligence, arbitrary and unfair practices of OP.s hence prayed for compensation.

4.         It is also noticed that, despite service of notice of this forum the OP.s are failed to take any initiations to settle the matter of complainant, and harassed the complainant with arbitrary manner. It is seen that the OP.s allured the complainant placing attractive features availing the mobile through television but fails to provide the same which is against the principles of contract of sales, hence we feel that the action of OP.s is high handed and unfair which amounts to deficiency in service and hence they found guilty under the benevolent legislations of the C.P.Act 1986.

5.         In this case the complainant has purchased the goods for his own & personal use and not for commercial purpose, so he is a genuine consumer in this case. The OP.3 Naaptol is an online shopping company and they carrying business within the local limit through their courier and agents. On the other hand the complainant has filed this complaint within the jurisdiction and within in the limitation period the complaint filed is maintainable in this forum, hence the complainant is entitled for relief and the OP is liable for compensation. However the complaint is allowed against the OP.3.

ORDER

i.          The opposite party no.3 supra is hereby directed to pay the cost of the mobile set in question i.e. Rs.2999/- (Rupees Two thousand Nine hundred and Ninety nine only) in place of the alleged mobile set, inter alia, to pay Rs.2,500/-(Two Thousand & Five hundred only) for compensation and Rs.500/-(Five hundred) as cost of litigation to the complainant.

ii.         All the above directions shall be complied with in 30 days of receipt of this order, failing which, the total sum shall bear 12% interest per annum till its realization. Order pronounced in the open forum on this the 30th day of Oct' 2017.

  sd/-                                                 sd/-                                                           sd/-

MEMBER                                 MEMBER                                            PRESIDENT, DCDRF,

(Sri R.S.Nayak)                        (Smt M.Padhi)                                     (Sri G.K.Rath)