IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
Case no. CC/153/2016
Date of filing: 08-11-2016 Date of disposal: 09-11-2017
Complainant - Sri Arindam Banerjee, S/O Sri Naba Kr. Banerjee, 3/A, Bela Bhaban Gopal
Gholer Gote, Cossimbazar Choto Rajbari Para, PO – Cossimbazar Raj,
PS – Berhampore, District – Murshidabad, Pin Code – 742102.
VS.
Opposite Parties – 1) M/s. Das Enterprise,
Proprietor – Sri Rohit Jain, 175, B. B. Sen Road, Kadai, PO – Khagra,
PS – Berhampore, District – Murshidabad, Pin Code – 742103.
2) M/s. Jain Telecom,
Proprietor – Sri Sumar Mal Jain, 26, Ramkrishna Bhattacharjee Road,
PO – Khagra, PS – Berhampore, District – Murshidabad, Pin Code – 742101.
3) The Manager,
Samsung India Electronics,
RO – A-25, Ground floor, Front Tower, Mohan Co-operative Industrial Estate,
New Delhi – 110044.
Present : Sri Anupam Bhattacharyya, - President
Smt. Chandrima Chakraborty - Member
Sri Manas Kumar Mukherjee – Member
FINAL ORDER
Sri Manas Kumar Mukherjee, Member.
This case has been filed by the complainant U/S 12 of C P Act’1986, praying for repair / replacement of mobile phone purchased, alongwith compensation.
The case of the complainant, in brief, is that, the complainant, purchased a Samsung mobile phone (J -110), on 18. 01. 2016, from OP no. 1, after paying its consideration. That, after 6 months, from the date of purchase, the complainant noticed some defects, in his purchased mobile phone and he reported the matter to OP no. – 2, who advised him to stick a certain piece of paper on the phone and to use it, subsequently.
After a month, the display screen of the mobile phone, in question, stopped working / functioning and the complainant, could not make or receive calls, from his mobile phone.
The complainant, reported the matter to OP no. – 2, for execution of necessary repairing, but the OP no. – 2, informed the complainant, that the ‘display of the phone got dead’ and charged an amount of Rs. 3779/-, for changing the display screen. The complainant further stated that the phone, in question, neither fell down from anywhere, nor suffered any injury.
Further, the complainant stated that, he repeatedly requested OP (s) nos. 1&2, to repair his phone, without any repairing cost, as the phone was well within warranty period, but the OP(s), failed and neglected to execute the same without payment of repairing cost.
Hence, the instant complaint has been lodged before this Forum.
From the commencement of the proceedings, the OP (s) 1 & 3 remained absent. OP no.-2, prayed for allowing some time for filing W/V. Though the time, as prayed, was granted by the Forum, OP no. 2 never cared to file the W/V. Altogether, the OP(s), never cared to submit their views / documents, related to the case, to the Court.
On the basis of a prayer of the complainant, OP no. – 3, was expunged, from the case.
As the OP(s) did not appear, in the matter, barring once and have not initiated any steps, the case was heard, ex-parte, against them.
Upon pleading of the advocate of the complainant, the following point has been raised, for disposal of the complaint.
Points to be considered
- Whether the complainant is entitled to get relief, as prayed for.
Decisions with reasons
To prove the case, the complainant, has filed evidence – in –chief, alongwith requisite documents, in support of his complaint. As, OP (s), neither appeared at the Court, barring once (OP no. – 2), nor initiated any steps, the case was heard, ex-parte, against them.
It is observed, that the defect, occurred, well within the warranty period and the complainant reported the matter to the OP (s), within time (within warranty period). Though being within, warranty period, the OP (s), insisted the complainant, to pay repairing cost. Moreover, the OP (s) did not even care to submit their views / actions taken, regarding the case, to the Forum and never took any steps. They, even, did not care to attend the Court, though being reminded, time and again, barring once.
Hence,
ORDERED
that the Consumer Complaint no. 153/2016, is hereby allowed ex parte in part, instructing the OP (s) nos. 1 & 2, jointly and severally, to repair the display screen, of the mobile phone, in question, within 30 days, from the date of receipt of this order, in default, to replace the mobile phone of the complainant, with the same model and specifications and to paya compensation of Rs. 2,500/- only, to the complainant, within 30 days from the date of receipt of this order, to compensate the harassment and mental agony, faced by the complainant, alongwith litigation cost, in default, the OP (s)nos.1 & 2 will have to pay a fine of Rs. 50/- per day’s delay, jointly and severally and the amount, so accumulated, shall be deposited in the Consumer Legal Aid account.
Let a copy of this order be made available and be supplied free of cost to each of the parties, on contest, by hand, under proper acknowledgement / be sent, forthwith, under ordinary post, to the concerned parties, as per rules, for information and necessary action.
