1.Alleging deficiency of service and unfair trade practice the complainant filed this case against the O.P. for a direction to replace the mobile set or refund the price value alongwith compensation.
2. The case of the complainant is that he has purchased Micromax mobile having model No.X 150 for a consideration of Rs.1500/- from the O.P No.1 on 16.4.2014 .The mobile set was found defective and he had been to the O.PNo.1 and handed over the mobile on dtd.24.2.2015 for rectification of defects. But even if three months have been passed the O.PNo.1 did not replace the mobile set .The O.PNo.1 neither rectified the defects in the same mobile set nor refund the price value to the complainant. The complainant approached the O.PNo.1 for return back the said mobile set but the O.PNo.1 remained silent which forced him to file this case for replace the set or pay the price value of the mobile set.
3.After being noticed, the O.P. No.1 appeared and filed his counter in this case. The case of the O.PNo.1 is that the case is not maintainable against him. The complainant is not based in any technical advice and does not fulfill the section of theC.P Act to claim relief against the O.P.The allegation of the complainant are false and denied.The O.PNo.1 admits that the complainant had been to the O.P.No.1 on a single occasion and he rectified the defects in the mobile set and thereafter the complainant did not proceed to the work shop of the O.P.The O.P. prays for dismissal of the case. The O.P.No.2 could not appear and at last set ex-parte in the case.
4.The point for determination in this case is that whether the complainant is a consumer against the O.P. s and whether the O.P caused any deficiency of service and unfair trade practice against the complainant.
5.The complainant filed the Xerox copy of the receipt showing the purchase of the mobile and also one job sheet dtd. 24.2.2015. The O.P.No.1 also admits in his counter that the said mobile was found defective and the complainant had been to the shop of O.P.No.1 for rectification of the mobile.
6.Taking into consideration of the case of the complainant and documents filed by him we allow the case of the complainant in apart and direct the O.P.No.2 to pay the price value Rs.1500/-(Rupees one thousand five hundred)only of the mobile set and Rs.500/-(Rupees five hundred) only towards compensation and cost of litigation to the complainant within one month from the date of this order, failing which the complainant is at liberty to take steps against the O.P. for realization for awarded amoumt.The case against O.PNo.1 is dismissed without cost. This case is disposed of accordingly.
Order pronounced in the open court under the seal and signature of the forum this the 24th day of November, 2016.
Member President,
Dist.Consuemr Forum, Boudh Dist. Consumer Forum, Boudh.
