MR LAXMI NARAYAN PADHI, PRESIDENT… The fact of case is that, the Complainant had purchased a mobile, Gionee M4 bearing its IMEI No.867645020849745 & 867645023849742 on dated 29.12.2015 from OP.no.1 by paying an amount of Rs.14,000/-. After one month, the mobile reported problems like automatically switch off, voice call, hang etc. So the complainant approached the OP.1 and through his advice he deposited the set at OP.2 for necessary repair on dt.18.02.16 to which the OP-2 issued a job sheets vide no. GC 16200078230 to that effect. Despite repair the mobile shows the same problems as it was in previous, hence he further approached the OP.2, but in reply the OP.2 said that the set has some serious issues which could not be rectified and said the complainant that the set have to sent to the company which would take 45 days time. Finding no other way the complainant approached the service center situated at Jeypore, Dist of Koraput but who strait refused to receive the set. The complainant several times approached the OP.s to redress the matter but all his requests were in vain thereof. So the Complainant inflicted highly mental trauma with physical pain and financial hardship due to the inaction and deficiency service by the OP.s. So he prayed before the forum to direct the OP.s to pay the cost of alleged handset and a sum of Rs.40,000/- as compensation and Rs.5,000/- as cost of litigation for such unfair practice and deficiency in service on the part of OP.s.
2. On the other hand the OP.s neither appeared on call nor filed any counter despite several chances given to them since admission of the case. Hence they set ex parte as per provisions contemplated in Sec.13(2)(b) of C.P.Act.1986. However the complainant has filed cash invoice of the alleged mobile, service job sheet of OP.no.2 and warranty card of the set. The complainant heard the case at length and perused the record.
3. The consumer protection act is a socio economic beneficial law, intended for speedy delivery of justice to the aggrieved and needy consumers and every complaint is supposed to be disposed off within a timeframe in consonance with the objects of the benevolent legislature, but inordinate delay in procurement of evidences and counter by the parties have emerged for reaching delirium to achievement of such objects.
4. From the above contentions, it is found that the complainant has procured the mobile set on dt.29.12.2015 by paying an amount of Rs.14,000/- and the same became defect with in valid warranty period. Hence the complainant approached the OP.s for necessary repair, but the OP.s neither repaired the set nor replaced it with a new one despite of several requests. Considering the evidences, submissions by the complainant, we are of the view that, the mobile set purchased by the complainant might have inherent defect, hence the OP.s failed to rectify the set. Thus the complainant sustained mental agony with the defective set, and also inflicted financial losses and valuable times due to the negligence and unfair practices of OP.s.
5. From the above discussions and perusing the submissions by the complainant, we have carefully examined the alleged mobile set and found defects. It is further noticed that, despite service of notice of this forum none of the OP.s took any initiations to settle the matter of complainant. It is also seen that, the OP.3 being a reputed electronic hub ignoring law of the land did not cared the notice of this forum which is nothing but arbitrary, highhanded, illegal which amounts to deficiency in service, hence found guilty under the provisions of sec. 2(1)(g) of the C.P.Act, as thus the complainant is entitled for compensatory relief. Detecting manufacture defect we allowed the complaint against the OP.no.3 with cost.
O R D E R
i. The opposite party no.3 C.E.O-cum M.D., supra is hereby directed to pay the price of the defective set Rs.14000/- (Fourteen thousand) only inter alia, to pay Rs.15,000/-(fifteen thousand) as compensation and a sum of Rs.5000/-(Five thousand) towards the cost of litigation to the complainant, for such deceptive practices, deficiency in service and willful negligence.
ii. All the above directions shall be complied with in 30 days of this order, failing which, the total sum will bear 12% interest per annum till its realization. Pronounced on 22nd day of Sept' 2016.
Sd/- Sd/-
MEMBER PRESIDENT, DCDRF,
NABARANGPUR.
Date of Preparation:
Date of dispatch :
Date of received by
the A/A for Ops / Complainant :
Initial of the dispatcher.
Memo No_______________ Dtd…………………………
Copy to the parties concerned.
