DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, RAYAGADA
C.C. Case No.208/ 2016.
P R E S E N T .
Sri Pradeep Kumar Dash, LL.B, President.
Sri Gadadhar Sahu, B.Sc., Member
Sri T.Gurunnath, S/o T.Venketa Ramana, Housing Board Colony, Near Hero Servicing Centre,(Back side) Po/Ps/Dist. Rayagada. ………Complainant
Vrs.
- M/s Om Collections, Sarala Junction, Main Road, Rayagada,765001.
- The Manager, Marketing and Sales and Customer Care Lava International Ltd., 56,Sector 64 ,Noida 201301,U.P.
- Sreevani Traders, New Colony, Rayagada.
……………...Opp.Parties
Counsel for the parties:
For the complainant: In Person
For the O.Ps: Self
JUDGMENT
The facts of the complaint in brief is that, the complainant has purchased one Lava Mobile from O.p. No.1 with a consideration of Rs10,600/- on 30.12.2015 vide Cash Memo No.553 dt.30.12.20 15 having warranty of one year but the mobile set started giving trouble during its warranty period and it was given for service to the authaorised service centre and the service centre stated that it is having inherent manufacturing defect and advised to ask to OP 1 to replace the same but the OP 1 refused to take back the same or to pay back the amount and stated that the OP 2 can finalize the matter. Hence the complainant finding no other option approached this forum for relief and prayed to direct the O.Ps to refund the cost of the mobile i.e. Rs.10,600/- and award compensation and cost of litigation .Hence, this complaint.
On being noticed, the O.ps appeared and filed a reply stating therein that they have discussed with the complainant about the case and the complainant has not handed over the handset and the company is ready to rectify the defect of the mobile and if it is not resolved then the company is ready to replace with a new one and if the complainant is not ready to receive the handset then the company is ready to pay the amount of his purchased.
FINDINGS
Heard and perused the complaint petition and documents filed by the complainant and we accept the grievance of the complainant. The Complainant argued that the O.ps have sold a defective mobile set to the complainant and claimed that the O.ps caused deficiency in service and deprived of the complainant of enjoyment of the mobile set since the date of its purchase which caused mental agony and harassment to the complainant.
Now we have to see whether there was any negligence of the Ops in providing after sale service to the complainant as alleged ?
We perused the documents filed by the complainant. Since the mobile set found defective after its purchase and the complainant informed the Ops regarding the defect but the Ops failed to remove the defect . At this stage we hold that if the mobile set require servicing since the date of its purchase, then it can be presumed that it is defective one and if the defective mobile set is sold to the complainant , the complainant is entitled to get refund of the price of the article or to replace a new one or remove the defects and also the complainant is entitled and has a right to claim compensation and cost to meet his mental agony , financial loss. In the instant case as it is appears that the mobile set which was purchased by the complainant had developed defects and the O.ps were unable to restore its normal functioning during the warranty period. It appears that the complainant invested a substantial amount and purchased the mobile set with an expectation to have the effective benefit of use of the article. In this case, the complainant was deprived of getting beneficial use of the article and deprived of using the mobile set for such and the defecates were not removed by the O.ps who know the defects from time to time from the complainant.
Hence, in our view the complainant has right to claim compensation to meet his mental agony, financial loss. Hence, it is ordered.
ORDER
The opposite parties are directed to replace the mobile set with a new one and extend the warranty for six months and pay cost of Rs.800/- within one month from the date of receipt of this order, failing which the O.Ps are liable to pay interest @ 12% p.a. on the above awarded amount till the date of payment. Accordingly the complaint is allowed.
Pronounced in open forum today on this 4th day October, 2016 under the seal and signature of this forum.
A copy of this order as per the statutory requirements, be forwarded to the parties free of charge.
Member President
Documents relied upon:
By the complainant:
- Xerox copy of Cash memo
- Xerox copy of details of mobile set.
By the Opp.Party: Nil
President
