DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO. 38 OF 2016
Rohan Kumar Singh,
S/O: Chitrasen Singh,
R/O: Ittabhata,
PO/PS/ Dist: Jharsuguda, Odisha,……….…………..……..………. Complainant.
Versus
- Proprietor of Global Mercantile,
Main Road, Jharsuguda.
- LAVA Mobhile Care,
Near Rly. Station, Rourkela,
PO/PS: Rourkela, Dist: Sundargarh, Odisha.
- LAVA International Ltd.,
A-56, Sector-A, Noida-201301,U.P(India).………..................... Opp. Parties.
Counsel for the Parties:-
For the Complainant Self.
For the Opp. Party No.1 & 3 None (Ex-Parte).
For the Opp. Party No. 2 Self
Date of Order: 17.10.2016
Present
1. Shri S.L. Behera, President.
2. Shri S.K.Ojha, Member.
Shri S.L. Behera, President:- The complainant’s case in brief is that, he had purchased one LAVA IRIS- X5 mobile hand set by paying Rs.10,000/- only on dtd. 21.12.2014 from O.P.No.1. The said mobile hand set started occurring problem after 3 months of purchasing. The complainant had handed over the said hand set to O.P.No.2 for repairing and received after six months but the said mobile was not properly repaired rather some parts have been changed. The complainant again send the said mobile to O.P.No.2 for repairing but the O.P.No.2 returned the same without repairing and further not receiving for repairing purpose, hence this case.
Being noticed through this Forum, the O.P.No.1 and O.P.No.3 are neither appeared before this Forum nor submit his written statement,. Notice served to all the O.Ps. which are returned back and attached in the case record. Hence they are set ex-parte. The O.P.No.2 appeared before this forum and prayed for time and thereafter he also kept silent.
Heard from the complainant. On perusal of the case record including materials available, it is noted that the complainant has purchased one LAVA IRIS- X5 mobile hand set by paying Rs.10,000/- only on dtd. 21.12.2014 from O.P.No.1. The said mobile hand set started occurring problem after 3 months of purchasing. The complainant had handed over the said hand set to O.P.No.2 for repairing and received after six months but the said mobile was not properly repaired rather some parts have been changed. The complainant again send the said mobile to O.P.No.2 for repairing but the O.P.No.2 returned the same without repairing and not receiving for further repairing.
After being trouble occurred just after 3 months of purchasing the O.Ps. could not able to rectify the problem of mobile even after visiting several times subsequently having silent of the O.Ps. reveals that they have nothing to say in this case thus the prayer of complainant seems to be based on facts and circumstances. The activities of O.ps. denotes nothing but deficiency in service hence the complaint petition is allowed as per following directions
ORDER
The O.P.No.2 and O.P.No.3 are hereby directed to receive the said defective mobile hand set of complainant and provide defect free mobile hand set within 15 days from the date of receiving defective mobile hand set, after proper repairing of the same without charging any repairing cost and parts thereof along with pay a sum of Rs.500/- ( Rupees five hundred ) only towards mental agony and harassment including litigation till realization.
Accordingly the case is disposed of.
Order pronounced in the open court today on this the 17th day of October, 2016, copy of this order shall be communicated to the parties as per Rule.
I Agree.
S.K.Ojha, Member S.L.Behera, President
Dictated and corrected by me.
S.L.Behera, President
