Orissa

Sambalpur

CC/67/2015

Ajit Kumar Mohapara - Complainant(s)

Versus

Samaya Zone - Opp.Party(s)

Sri P.K. Mishra

23 Jun 2022

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Case No- 67/2015

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Ajit Kumar Mahapatra,

S/O- Ugrasen Mahapatra

R/O-Kudapada, PS/PO-Kuchinda ,

Dist- Sambalpur, Odisha.                                                                 …..Complainant

 

Vrs.

1. Samaya Zone,

Main Road, Budharaja, Sambalpur-768004.

2. M/S. Sony India Pvt. Ltd.

Registered Office at A-31, Mohan

Co-operative Industrial Estate, Mathura Road,

New Delhi-110044….Opp. Parties

Counsels:-

1. For the Complainant                   :-         Sri. P.K.Mishra, Advocate & associates
2. For the O.P. No.s                          :-         None (exparte)

 

DATE OF HEARING : 19.04.2022, DATE OF JUDGEMENT : 23.06.2022

Sri. Sadananda Tripathy, MEMBER:     

1. The case of the Complainant is that the Complainant had purchased one Sony GSM mobile Hand set, C3(D2502) from Samaya Zone, main Road, Budharaja, Sambalpur, the O.P. No.1 by paying a consideration of Rs. 23900/- on 10.11.2014 and as such was owning the same after purchase. On dtd 15.05.2015 the camera of the Hand Set was not working properly and Complainant had given the said handset for repairing to its Authorised Sony Service Centre located at Bhubaneswar Know as Digital care Pvt. Ltd. The camera problem was cleared after the said repair but a new problem occurred after some days of such repairing. On 09.06.2015 the hand set was found to be automatically restarting and it was over heating on minimal use like calling or messaging. The Complainant once again visited the Authorised Sony Service Centre at Sambalpur namely Balaji Service, Situated at Gujurati colony, G.M. College Road, Sambalpur. After some days the said service centre returned the hand set to the Complainant by saying that they have rectified the problem. But the Complainant found the same problem in his set and the Complainant again had to run to Sambalpur and give the phone for repairing to the said service centre on 23.06.2015 and the hand set was retained till 31.08.2015 by the said service centre.

After some days of use, the problem of automatic restarting of hand set was found and on 09.09.2015, the Complainant had to visit to the carrying address of the said authorised Sony service centre. The said service centre did not give attention to the problem on the hand set and once again they possessed the handset by giving a standy handset to the Complainant. Again there was problem of failure of power and bootingin the hand set detected by the Complainant and again it had to be deposited by the Complainant to the said authorised service centre on 10.10.2015 and till filing of the case the same is lying with the service centre. The Complainant was also tried to contact to the O.P. No.1 from where the Complainant had purchased the hand set. As per the complain petition the problem was found within warranty period and out of several complain to the O.Ps, they did not take appropriate action and kept silent till the filing of the case.

2. After service sufficient to the O.Ps, they did not appear and gave their version and set exparte.

So the case is disposed of an merit.

ISSUES

1. Whether the Complainant is the Consumer to the O.Ps under the provision of the Act?
2.  Is there any deficiency in service in the part of the O.Ps?
3. Is the Complainant entitle to get any relief?

ISSUE NO.1 Whether the Complainant is the Consumer to the O.Ps under the provision of the Act?

          The Complainant is a consumer of the O.Ps as he has purchased the handset from O.P. No.1 and the O.P. No.2 is the manufacturer of the handset.

ISSUE NO.2 Is there any deficiency in service in the part of the O.Ps?

          The O.Ps have failed to provide sufficient and satisfactory service to the Complainant. Hence there is deficiency in service in the part of O.Ps.

ISSUE NO.3 Is the Complainant entitle to get any relief?

          As the problem was found within the warranty period and complaint was lodged before the O.Ps as well as the Consumer Commission within time, the Complainant is entitle to get all reliefs what he mentioned in his complaint petition.

          So order is pronounced accordingly.

ORDER

          The Complaint petition is allowed ex-parte. The O.Ps are directed to pay a sum of Rs. 23,900/- to the Complaint towards the cost of the mobile Hand-set, a sum of Rs. 15000/- towards mental agony and harassment, a sum of Rs. 5000/- towards cost of litigation expenses within 30 days and interest at the rate of 12% per annum from 10.11.2014 till its payment.

          Order pronounced in the open court on.