OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (COURT)

BARGARH

Consumer Complaint No. 19 of 2008

            Alok Ranjan Purohit S/o Santosh Kumar Purohit, aged about 29(twenty nine) years, Occupation-Business, R/o Banahar, via- Attabira, Dist. Bargarh.

                                                                                    .....          .....          .....Complainant.

- V e r s u s -

1. S.A. Logistic Pvt. Ltd., (An unit of Santaka Group), Plot NO. 971/1415, Janapath Towar, Ist Follor, Ashok Nagar, Bhubaneswar-753009.
2. Sourav Mobiles and Printers, At. Womens' College Complex, Bargarh, Ps/Dist. Bargarh.

.....                               .....                   ... Opposite Parties.

Counsel for the Parties:-

For the Complainant:-                          Sri P.K.Naik, Advocate with other Advocates.

For the Opposite Parties:-                                 Ex-Parte.

-  P  R  E  S  E  N  T   -

Sri Gouri Shankar Pradhan .....           .....       .....       .....       .....       President.

Sri Binod Kumar Pati              .....       .....       .....       .....       .....       Member.

Miss Bhagyalaxmi Dora          .....       .....       .....       .....       .....       Member.

Dt.23/06/2008                                    -  J  U  D  G  E  M  E  N  T  -

Presented by Miss B. L. Dora, Member:-

            In this case, the complainant has purchased  a Sony Erisson Cellular Phone being K-790i model with photograph facilities from the Opposite Party No.2(two) on dated 22/03/2007 on a price of  Rs.18,200/-(Rupees eighteen thousand two hundred)only bearing Invoice No.2915. The Opposite Party No.2(two)  is the dealer of Sony Erisson products at Bargarh, appointed under Opposite Party No.1(one), which is a company deals with marketing business of Sony Erisson  products.

            During  purchase, the Opposite Party No.2(two) has assured the Complainant to provide good service with removing defects of the said Phone if occurs,free of charge within the Warranty period of One Year.

            That in these period a fault occurs in the Memory Section of the Cellular Phone on Dt.14/05/07 & the Complainant made complaint about it near the Sourav  Mobile, i.e. Opposite Party No.2(two), on Dt.15/05/07 and handed it to him for removing of defects.

            That on repeated request the Opposite Party No.2(two) returned the defective handset to the Complainant on saying that the defect is a manufacturing one & it is intimated to the Company and have gave a Xerox Copy of Gate Pass receipt of S.A. Logistic of Bhubaneswar.

            As the Opposite Party No.1(one) and No.2(two) have avoided to remove such defect knowingly, they violated the condition of the warranty for the product sold by them. This act of the Opposite Parties. Amounts to deficiency in service on their part. Due to such act of the Opposite Parties . the Complainant has suffered with mental pain and agony and deprived of using the Phone to it's maximum during urgency.

            The Complainant claims Rs.50,000/-(Rupees fifty thousand) for mental pain & agony, Rs.18,200/-(Rupees eighteen thousand two hundred) for the price of the Cellular Phone.

            In order to prove his Case, the Complainant relies on the following documents are:-

1.         Money Receipt issued by the O.P. No.2(Xerox Copy) 1 sheet dt.22/03/07.

2.         Xerox Copy of Gate Pass receipt of S.A. Logistic of BBSR,1 sheet dated.19/07/07.

3.         Xerox Copies of return acknowledgment receipts-2 sheets.

            SR back from the Opposite Parties on dated.11/04/08, the Case is posted for appearance and version on dated 01/05/08 in which the Opposite Parties failed to appear till 15/05/08. Hence the Opposite Parties set Ex-parte on  date15/05/08 & the Case is posted ex-parte  hearing.

            Heard from the Advocate and gone through the Documents, filed by the Complainant. It is obvious that the Complainant has purchased the said Mobile Phone from the Opposite Party  No.2(two). In order to counter the case, the Opposite Parties failed either to appear or  file their version till the date specified i.e. Date15/05/08.

            In these circumstances, the Forum is satisfies to pass an Order that,

O  R  D  E  R 

            The Opposite Parties are jointly &  severally directed to refund Rs.18,200/-(Rupees eighteen thousand two hundred)only, the cost of the Mobile set to the Complainant & to pay him Rs.2000/-(Rupees two thousand)only towards mental agony & the cost of litigation within thirty days from the date of order, failing of which the total awarded amount shall carry 18% interest per annum till the date of actual payment. The Complainant shall return the defective Mobile set to the Opposite Party No.2(two) on receipt of the total awarded amount.

                        The Case is disposed of accordingly.

                                                                                                        Typed to my dictation

                                                                                                          and corrected by me.

                                                                                                    (Miss Bhagyalaxmi Dora)

                                                                                                                  M e m b e r.

         I agree,                                         I agree,   

(Sri Binod Kumar Pati)            ( Sri Gouri Shankar Pradhan)

        M e m b e r.                                 P r e s i d e n t.

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