DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

                                                               CONSUMER  COMPLAINT  CASE NO. 59 OF 2016

P.Raja Dora,

S/O: P.Jaya Dora,

R/O: Bhuliatikra, Beheramal,

PO/PS/ Dist: Jharsuguda, Odisha…..…..……..…………………….…. Complainant.

                                           Versus 

1. Reliance Retail Ltd.,

E 1/3, Sagar Complex, Opposite HP Petrol Pump,

Ovali village, Bhiwandi, Maharastra- 421 302.

2. Customer Care,

Reliance Jio Customer Care,

IDBI Bank, 1^st Floor Sarbahal Road,

PO/ PS/ Dist: Jharsuguda, Odisha.…………........................... Opp. Parties.

Counsel for the Parties:-

For the Complainant                       Self.

For the Opp. Parties                       Self ( Ex-parte).

Date of Order: 23.11.2016

Present

  1. Shri S.L. Behera, President.

                                                                                         2. Shri  S.K.Ojha, Member.

Shri S.K.Ojha, Member : - The complainant’s case in brief is that, he has purchased one mobile handset having model LYF Flame-7 True Android phone ( V-3657) from O.P.No.1 through Home Shop-18 after watching advertisement in the T.V vide order No. 999607041 and paid Rs.3,648/- only bearing Invoice No. REL1/16-17/49977, dtd. 17.08.2016. After getting the product (said mobile handset) and after opening the packet, the complainant found that the voucher mentioned in some other’s name recorded as Anit Kumar Choudhary, village/ post - Hatpur Aloth, Ward No.07 Near by Water Tank, Samastipur.  After two days of receiving the said mobile, it stopped functioning. The complainant rushed to the O.P.No.2 (the customer Care Centre) from where he returned without getting any service due to purchase through online.  The complainant contacted with the customer care number but did not get any solution, hence this case.

            After being noticed through this Forum, the O.P. No. 1 & 2 failed to appear before this Forum and stand ex-parte ultimately.

Heard the matter from complainant in length and on perusal of case record including materials available, it is noted that the complainant has purchased one mobile handset of Brand LYF, model Flame-7 True Android phone ( V-3657) from the O.P.No.1 through HomeShop-18 after watching advertisement from T.V.  The said Home Shop-18 send the said mobile to the complainant in the name of ‘C. Raja Dora’ in place of true and correct name as ‘P.Raja Dora’.  Not only that, the said mobile handset was sold by O.P.No.1 (Reliance Retail Ltd) but after opening the packet, the Retail Invoice/ Cash Memorandum was mentioned in some other persons name i.e. “Anit Kumar Chaudhary” of Samastipur in place of true and correct name and address of complainant namely “P.Raja Dora” of Jharsuguda, mentioning amount of Rs.3,499/- only whereas the amount mentioned over the packet was Rs.3,648/-only. Said mobile handset stopped functioning just after two days of purchasing which the authorized customer care has also denied to repair. Both the O.Ps. remained silent after getting the notice which reveals that the O.Ps. have nothing to say in this case.

On good faith the complainant purchased mobile handset after attracted and convinced on the advertisement seen on Television, but he received some other’s article/ product from the O.Ps. or can say the product of some other ones which packed and delivered to the complainant. After getting mobile handset which also stopped functioning just after two days of purchasing. Here the complainant put in great trouble as it cannot be repaired so also there is no any proof of ownership as the retail voucher is in the name of some other unknown person. 

The services performed by the O.Ps. towards the complainant clearly indicating gross deficiency in service for which the complainant is entitled to get relief. Hence, the complaint petition is allowed directing the O.Ps. as follows;

ORDER

1. The O.P.No.1 and O.P.No.2 are jointly and severally directed to replace the said defected mobile handset of complainant to a new defect free mobile handset of same brand and of same price of Rs.3,648/- only or refund the price of mobile Rs.3,648/- (Rupees three thousand six hundred forty eight) only to the complainant by issuing the Retail Invoice in the true and correct name and address of complainant along with pay a sum of Rs.2000/- (Rupees two thousand) only  towards mental agony, harassment including litigation cost.

2. The above mentioned order shall be carried out within 30 (thirty) days from the date of receipt of this order, failing which the O.Ps. shall be  jointly and severally liable to pay interest @ 10% per annum  on the above mentioned awarded amounts till realization.    

Accordingly the case is disposed of.

Order pronounced in the open court today on this the 23^rd of November, 2016, copy of this order shall be communicated to the parties as per Rule.

                                                          I Agree.        

                                                     S.L.Behera, President                S.K.Ojha, Member                                                                                                                                 

                                   Dictated and corrected by me.

                                           S.K.Ojha. Member