Orissa

Cuttak

CC/206/2014

Nilambar Mishra - Complainant(s)

Versus

Proprietor,M/s Jay Durga Communication - Opp.Party(s)

A K Samal

28 Aug 2017

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.206/2014

 

Nilambar Mishra,

Res. At:Patara Sahi,PO:College Sqauare,

Town/Dist:Cuttack,Pin-753003..                                                  .… Complainant.

 

Vrs.

1.       Proprietor,.

M/s. Jay Durga Communication,

At: Room No.1,Ranihat Municipal Market,

Ranihat,PO:Buxibazar,Town/Dist:Cuttack

2.        Proprietor,

M/s. Channel-4, At: Singh Plaza,

                  Dolamundai,PO Buxibazar

Town/Dist:Cuttack

3.         Managing Director,,

United Teleservices Ltd.,

H.O:209 Garila,Main Road,PO:Haltu,

P.S:Kashba,Kolkata,West Bengal.                                                           … Opp. Parties.

 

Present:               Sri Dhruba Charan Barik,President.

Sri Bichitrananda Tripathy, Member.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:    31.12.2014

Date of Order:  28.8.2017

 

For the complainant  :    Sri A.K.Samal,Adv. & Associates.

For the O.Ps.                :   None.

 

Smt. Sarmistha Nath,Member(W).

 

The case of the complainant in brief is that the complainant had purchased one “GIONEE” mobile hand set(Model-596), vide Retail Invoice Sl. No.71539 dt.23.7.14 from the O.P No.1, by paying Rs.3000/- towards its cost and warranty of 12 months from the date of its purchase, as provided by the manufacturing company i.e. O.P No.3. The copy of the retail invoice is annexed herewith and marked as Annexure-1.

1. Just after few months the above mobile set malfunctioned within the warranty period.  The complainant was compelled to submit his above defective mobile hand set to the authorized service centre of the company (.O.P No.2) on 22.9.14.  In the service request card supplied by the said service centre clearly reveals the repeated defects occurred in the mobile set, such as “date and time automatic hanged”.  During conversation the O.P misbehaved the complainant.  The O.P No.2 did not mention the same intentionally in the job sheet.(Annexure-2).  The complainant got back the mobile on 28.09.2014 from O.P No.2 and was assured by O.P No.2 that such problems shall not be repeated but on the very next date i.e. on 29.09.2014 same problems were repeated.  The complainant gain contacted O.P No.2 for repair of the said mobile and O.P No.2 required 20 days more for repair of the said phone to which the complainant did not agree.   The complainant asked for a spare mobile during this period to which the O.P No.2 denied.  The replacement of said mobile set was also denied to the complainant.  The complainant served notice on O.Ps 1 & 2 for replacement of the said defective mobile.(Annexure-3).  But in vain.  Finding no other way, the complainant has taken shelter of this Hon’ble Forum.  He has prayed to direct the O.Ps to refund the amount of Rs.3000/- towards cost of the mobile hand set, as well as to pay interest @ 18% per annum on the above amount from the date of purchase of the mobile hand set till the date of its actual payment and Rs.50,000/- towards mental agony and harassment suffered by him .
2. The O.Ps neither appeared nor filed their written version.
3. We have heard the complainant at length and went through the documents and papers filed by the complainant.  From the documents submitted by the complainant it is found that the complainant has purchased the mobile hand set and when defect was detected he has consulted the service centre of the O.Ps but they did not cooperate to eradicate the defects of the mobile.  Since the O.Ps neither attend the hearing nor submitted any written version, we conclude that they have nothing to say in their defense and we are constrained to accept the uncontroverted version of the complainant.   In view of the above discussion, the O.Ps are found deficient in rendering service which amounts to unfair trade practice by the Respondents.

EXPARTE ORDER

The O.Ps are directed to pay Rs.3000/- to the complainant towards cost of mobile.  The O.Ps. will also pay a sum of Rs.5000/- as  compensation towards mental agony and harassment.  The above payment shall be made by the complainant within a period of 45 days, failing which the complainant is at liberty to take shelter of this Hon’ble Forum as per C.P.Act,1986.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 28^th   day of August,2017  under the seal and signature of this Forum.

 

  ( Smt. Sarmistha Nath )

                           Member (W)                                                                                                                                                                                                                                                                                                                                     (Sri D.C.Barik)

                                                                                                            President.

                                                                                                    (Sri B.N.Tripathy )

                                                                                                             Member