SMT M.PADHI, MEMBER …                 The factual matrix of case is that, the complainant had purchased a mobile phone model of Gionee A1 Black bearing it’s IMEI No.863854031773696 & 863854031773693 from OP.no.1 on dt.05.07.2017 for Rs.19,999/-. But after one month of it’s use, the mobile imparted problems like battery overheat, automatic switch off etc. So the complainant approached the authorized service center i.e. OP.no.2 on dt.09.08.17 but OP.3 though issued a job sheet bearing no.1780050941 but after using his whole efforts averred that the set has some manufacturing issues, and he could not rectify the defects and advised to contact the OP.no.3 for subsequent services. The complainant contends that he approached the OP.1 & 2 for several times but they neither repaired the devise nor refund its price. So the complainant alleged that the OP.s provided him a defective devise set for a high price but failed to render proper service when it requires within valid warranty period. So the counsel for complainant contends that, there is deficiency in service on the part of OP.s and the complainant harassed and sustained mental agony, physical pain and financial losses. So he prayed before the Forum to direct the OP.s to pay the price of alleged handset and a sum of Rs.50,000/- as compensation and Rs.10,000/- as cost of litigation.

2.         The OP.s neither appeared nor filed any counter in spite of number of chances in above six months of its adjudication. So the OP.s set ex parte as per provisions contemplated in C.P.Act.1986. The counsel for complainant has filed copy of cash invoice of the alleged mobile, service job sheet, and an affidavit in support of his claim. Case heard from the side of complainant. However in absence of OP.s this forum decided to proceed the case as evidences available in record on merit.

3.         From the above submissions, it reveals that the complainant had purchased the alleged mobile on dt.05.07.2017 and the said device appeared defects within one month i.e. in valid warranty period. It is apparent from record and from the averment of complainant that, the complainant time and again approached the OP.s requesting the so called defects, but the OP.2 & 3 neither rectified the set nor replaced it with a new one. Perusing the evidences, filed by the complainant, we are of the view that, the alleged mobile set procured by the complainant has some manufacture lacuna and the OP.s failed to initiate needful actions prior to several approaches made by the complainant within its warranty period. Thus the complainant suffered from mental agony with the defective set, and also inflicted financial losses and valuable times due to the negligence and malfeasance actions of OP.s, hence he craves the leave of this forum sought for justice.

4.         From the entire pros and cons of the case, it is noticed that, the OP.s despite receiving notice of this forum are failed to take any initiations to settle the matter of complainant and there is nothing wrong in the contentions of complainant without filing submissions and counter by the OP.s, so we feel that the action of OP.s is illegal, unfair and against the policy of sale of contract which amounts to deficiency in service and hence this forum found guilty on the part of OP.2 & 3, and the complainant is entitled for appropriate compensation. As thus we allowed the case against the OP.2 & 3 with cost.

O  R  D  E  R

i.          The opposite party no.2 & 3 supra are jointly, severally & collaterally hereby directed to pay the price of the mobile set Rs.19,999/- (Rupees Nineteen thousand nine hundred & ninety nine only) on replacement of alleged defective set, inter alia, to pay Rs.10,000/-(Ten thousand) as compensation and a sum of Rs.2000/-(Two thousand) towards the cost of litigation to the complainant.

ii.         All the above directions shall be complied with in 30 days of receipt of this order, failing which, the total sum will bear 12% interest per annum till its realization. Pronounced on this the 08th day of May' 2018.

MEMBER                       MEMBER                                   PRESIDENT,DCDRF,

Memo No_______________DF         Dt………………………

            Copy to the parties concerned.

                                                                                             PRESIDENT, DCDRF,

                                                                                                 NABARANGPUR