Orissa

Rayagada

CC/146/2017

Sri Tangudu Gurunath - Complainant(s)

Versus

Om Collection - Opp.Party(s)

Self

08 Aug 2018

ORDER

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA,

STATE:  ODISHA.

C.C. Case  No. 146/ 2017.                                        Date.    8   .    8    . 2018.

P R E S E N T .

Dr. Aswini  Kumar Mohapatra,                                      President

Sri  Gadadhara  Sahu,                                                       Member.

Smt.  Padmalaya  Mishra,.                                              Member

 

Sri  Tangudu  Gurunath, S/O: Sri Venkata Ramana, Housing Board colony,   Po/ DIST: Rayagada, State:  Odisha,  PIN No. 765 001, Cell No. 7205701226 .

                                                                                                            ……Complainant.

Versus.

1.The Proprietor,  Om Collections, Main Road, Near Taxi stand, ,  Po/ DIST: Rayagada, State:  Odisha,  PIN No. 765 001.

2. The Manager, Care Gionee care,  Near Petrol bank, Beside Annapurna Hotel, Near  Old Gate,  . Po/ DIST: Rayagada, State:  Odisha,  PIN No. 765 001.

3.The Manager, Syntech Technology India Pvt.  Ltd., F-2, Block No. B-1, Ground Floor, Mohan Co-operative Industrial Estate, Mathura Road, New Delhi,  110044.

                                                                                                            …Opposite parties.           

For the Complainant:-Self..

For the O.Ps:- Set exparte.

JUDGEMENT.

 

       The  curx of the case is that  the above named complainant alleging deficiency in service  against  afore mentioned O.Ps for  non refund mobile price within warranty period for which  the complainant  sought for redressal of the grievances raised by the complainant.

On being noticed  the O.Ps neither entering in to appear before the forum nor filed their  written version inspite of more than  5 adjournments has been given  to them. Complainant consequently filed his memo and prayer to set exparte of the O.Ps.  Observing lapses of around 8 months  for which the objectives  of the legislature of the C.P. Act going to be destroyed to the prejudice of the interest of the complainant.  Hence after hearing  the  counsel for the complainant set the case  exparte against the O.Ps. The action of the O.Ps is against the principles of  natural justice as envisaged  under section  13(2) (b)(ii) of the Act. Hence the O.P. set exparte  as the statutory period  for filing of  written version was over to close the case with in the time frame permitted by the C.P. Act.

          We therefore constrained to  proceed to dispose of the case, on its merit. 

          Heard from the complainant.   We perused the complaint petition and the document filed by the complainant.

         FINDINGS.

 

            From the records it reveals that, there is no dispute that the  complainant had purchased a mobile set model No. Gionee S-6 5 Mocha Gold  from the O.P. No.1 on Dt.31.10.2016  on  payment  of amount a sum of Rs.19,000/- vide  IMEI No.86159803216089  vide Retail invoice No.3588 Dt. 31.10.2016  with  one year warranty (Copies of the  bill is in the file marked as Annexure-I).  That the  above set  found  defective within warranty period viz:  it was hanging and  stopping   its  application automatically, Heat, battery back up not given  and rapidly  contacted to the  O.P. No.2 for  its service.  After   service the above set  had  showed  the same  problem.   Inspite  of repeated rectification  by the O.P. No.2  the above set   not   functioning  properly.     The complainant complained the O.Ps Service centre  for necessary repair.  In spite of repeated attempt by the Service engineer of the O.Ps the  above set could  not  run for longer time.    The complainant further approached the O.Ps for return the money which he spent but for no use.  In turn the OPs paid deaf ear.  Hence this C.C. case.

 

                From the records it is seen that, the complainant has filed Xerox copy of purchase bill which is marked as Annexure-I.  Hence it is abundantly clear that, the complainant had purchased the above set from the O.P.  The complainant also approached the service centre continuously but no fruitful result received by the  complainant from the O.Ps.

                On examining the whole transactions, it is pertinent to mention here that, there is One year valid warranty for the alleged above set and the defect arose with in some month of use. As the OPs deliberately lingering to file their written version or any other documents after lapses of above 1(One) year, and observing the present situation, and nothing adversary to the complainant as adduced by the OP, this forum relying on the version of the complainant is of the view that, the alleged  set has inherent defect and there is vivid deficiency in service by the OPs declining to redress the grievances of his consumers i.e.  the  present complainant, hence the complainant is entitled to get the price of the said set or a new same set instead of the defective one along with such substantial compensation for all such harassment having been impounded with mental agony and deprivation of the use for the same  for long time  and so also the cost of litigation. We found there is deficiency in service by the OPs and the complainant is entitled to get relief.

                On appreciation of the evidences adduce before it, the forum is inclined to allow the complaint against the OPs.

                                                                                O R D E R

                In  resultant the complaint petition  stands allowed  in part  on exparte against the O.Ps.

                The O.P  No. 3   directed to return back the defective product from the complainant  by paying the price of the  above mobile set  a sum of Rs. 19,000/-.     There is no order as to cost and compensation.

          The O.Ps 1 & 2 are directed to refer the matter to the O.Ps 3  for early compliance of the above order.

                The entire directions shall be carried out with in 30 days from the  date of receipt   of this order.

Service the copies of the order to the parties free of cost.

Dictated and corrected by me

Pronounced on this                  8th.  day of   August, 2018.

 

 

MEMBER                                                                              MEMBER                                                    PRESIDENT