MR. PRABODHA KUMAR DASH, PRESIDENT:-          

                    The C.C. Case No. 34/2019 is taken up today for order. This case is pending since about 4 years taken up for order on priority basis.

Brief Fact:-

                    The grievances of the Complainant, he purchased a mobile from the Op in the name & style M/S  Raj Communication at Nilamadhab Bazar, Pattamundai a Moto C Plus mobile model No.XT-1721 and IMEI No. 356512086046178 on dt. 15.06.2018 on payment of Rs. 7500/- vide M.R. No. 339. The purchase paper has warranty period of one year within which it is serviceable & removal of defect within one year which shown defect whereby the Complainant approached the Op for removal of defect or replacement. The Op taken Rs. 150/- for service on dt. 22.05.2019 during the valid period of warranty which is a complete violation of terms & conditions. Non removal of defect causes filing of present C.C.Case & prayed for mobile cost with interest, mental agony, litigation cost. The Complainant is a consumer who already paid Rs. 7500/- as consideration value to the Op. Complainant filed tax invoice, service receipt.

                   We have gone through the averments made by the Complainant. Heard Ld. Counsel of the Complainant . Perused the materials available on record. It was found that the op received notice & filed time petition on several occasion and case posted on 50 occasions on various dates. But the Op failed to file written version before this commission & thereby admitted the allegations against him. This Commission taken various step to acknowledge the dates but the Op did not file written version. It is high time for passing appropriate order without waiting the sweet wishes of Op.

                                                ORDER

                   It is directed that, the Op shall take step to remove the defect of the mobile in question without demand of any cost within a period of one month from the date of receipt of this order and produce a satisfactory consent from the Complainant which acknowledge carry out of order, failing which the Op shall pay Rs. 5000/- to the Complainant within a period of one month without any interest, failing which with @6% interest P.A. till its realization.

                 On the above observation the C.C.Case is accordingly disposed off but no order as to cost.

                       Issue extract of the order to the parties for compliance.                  

                 Pronounced in the open Court, on this the 11^th the day of October,2022.             

                               I agree

                                  Sd/-                                          Sd/-

                            MEMBER                             PRESIDENT