OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KAMRUP,GUWAHATI-03
C.C.67/2016
Present:-
1) Md.Sahadat Hussain, A.J.S. - President
2) Smti ArchanaDekaLahkar - Member
3) Md Jamatul Islam - Member
Mr Tony Thoudam -Complainant
S/O- Thoudam Dorendra Singh
R/O- H.No-41A,Namghar Path, P.O- Panjabari,P.S- Dispur
Guwahati-781037
Dist-Kamrup(M),Assam
-VS-
1) Proprietor /Partner/Owner of M/S Netsol Associates -Opp.party
Nilgiri Mansion,Opp. Nemcare Hospital,
G.S.Road,Bhangagarh,Guwahati-781005
Dist-Kamrup(M),Assam
2) The Customer Sales Head ,
WS Retail Services Pvt., Ozone Manay Tech park
No-56/18 & 55/09,7th Floor,Garvebhavipalya
Hosur Road,Bangalore-560068
Karnataka,India
3) The Marketing Head Officer
Flipkart Internet Private Limited
Ozone Manay Tech park
No-56/18 & 55/09,7th Floor,Garvebhavipalya
Hosur Road,Bangalore-560068
Karnataka,India
4) The Business Head-Services
MI India, 4th Floor,
Ozone Manay Tech park
Service Road,Hongasandra,
Bangalore-560068
Appearance:
Ld advocate Mr Jagadish Das for the complainant .
Date of argument - 01/08/2018
Date of judgment - 10/08/2018
EXPARTE JUDGMENT
This is a proceeding U/S- 12 of the Consumer Protection Act, 1986
- The complaint filed by Tony Thoudam against opp. Parties namely- Proprietor / Partner/Owner of M/S Netsol Associates ,Guwahati & 3 others was admitted on 09/08/2016 and notices were served upon all the opp. parties . Opp.Party No-3 & 4 filed their respective written statements seperately , but after filing written statement they did not contest the case. Before that the case against M/S Netsol Associates ,Guwahati (Opp.Party No-1)is proceeding on exparte vide order dtd. 26/10/2016 and against Opp.Party No-2 is proceeding on exparte ,and likewise the case against Opp.Party No-3 & 4 are proceeding on exparte vide our order dtd. 21/06/2018 .The complainant filed his evidence (exparte) in affidavit and thereafter Ld advocate Mr Jagadish Das filed written argument on 01/08/2018 for the complainant and also forwarded oral argument ; and today we deliver the judgment which is as below-
- From pleading as well as evidence of the complainant, it is found that the complainant had purchased a mobile handset namely Xiaomi M14 , vide IMEI No-867079021289554 , Invoice No-BLR WFLD20150700993036 , from Opp.Party No-2 on 20/07/2015 vide Order Id- OD103422810054266600 ordered through Flipkart , but during warranty period i.e 01/05/2016, he found that the handset was defective one, and he then immediately approached Opp.Party No-1 for exchanging of the handset, and he deposited the handset to Opp.Party No-1 vide Material Received Note dtd. 02/05/2016 and Job Sheet No-JS16052501266, and Opp.Party No-1 assured him to repair or exchange the same within a short period but Opp.Party No-2 neither repaired nor exchanged the handset, rather misbehaved with him .It is also found from his evidence that finding no positive result from Opp.Party No-1, he sent several emails to Gionee Head Office at Bangalore vide email
- Closing up above discussion , we hold that the complainant has a prima facie case against the opp. parties and he has also succeeded to establish his case . Accordingly the complaint against all the opp. Parties is allowed on exparte and they are directed to refund the price of the said mobile handset Rs. 19,999/- along with interest @6% per annum from 02/05/2016 and also to pay him Rs.3,000 as compensation for causing harassment to him and another amount of Rs.4,000/- as cost of proceeding to-which all the opp. Parties are jointly and severally liable . They are directed to pay the amounts within 45 days , in default, other amounts shall also carry interest in the same rate .
Given under our hands and seal today on this 10th August, 2018.
(Smt Archana Deka Lahkar) (Md.Jamatul Islam) (Md .Sahadat Hussain ) Member Member President
