Orissa

Rayagada

CC/34/2014

Sri Prasad Behera - Complainant(s)

Versus

SAMBID Mobile - Opp.Party(s)

Self

18 Oct 2014

ORDER

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA

AT:  KASTURI  NAGAR, Ist.  LANE,   L.I.C.OFFICE BACK PO/DIST: RAYAGADA ,

                                                                 STATE:ODISHA,  PIN  NO.765001,  PHONE/FAX                   

 NO.06856-223025.

                                     ....                                  

                                              C.C. Case  No..34/ 2014.

                                          Dated.  20^th October. 2014.                              

 P R E S E N T .

Sri Pradeep Kumar Dash, LL.B,                             President.

Smt. Ch.  Nirmala Kumari Raju, LLB,         Member

Sri Prasad Behera, S/o: Bhobana Behera, C/o: Sunil Kumar, R.K. Nagar, Po/Dist: Rayagada.

                                                                                                …….Complainant

                                                            Vrs.

1. Samvid Mobiles Door No.17/36, Citizen Tourist Home, Mavoor Road, Puthiyara(Po) Calicut.
2. The Care Manager, Address-Nokia India Sales Pvt Ltd, SP Infocity, Industrial Plot-243 Udyog Vihar, Phase-1 Dundahera, Po/Dist: Gurgaon-122016, State: Haryana,(India)

                                                                                                …..Opp.Party

Counsel for the parties:

For the complainant: In Person

For the O.Ps: Exparte

                                                            JUDGMENT

                          The facts of the complaint in brief is that the complainant has purchased one mobile phone Nokia-305 hanset and voice No.944 on 12.06.2013 from the authorized dealer-O.P. No.1 with a consideration of Rs.4,300/- vide I,M,E No.354634058350644. but to his utter surprised the set started trouble and not at all functioning as per the specification with varieties of problem and not at all functioning as per the specification with varieties of problem in it for which it was given to the service centre of the opposite parties. Though the O.P No.1 and the service persons promised to get it right but they have failed to give any such service and such the complainant was caused mental agony and financial loss and finding no other option has approached this forum for relief and prayed to direct the O.Ps to refund the cost of the mobile set i.e Rs.4,300/- along with interest from the date of its purchase and for mental agony and final

 

Loss he may be awarded an amount equal to the value of the mobile set and for the unfair trade practice the O.Ps may be imposed with heavy penalty with such conditions as prescribed under the C.P.Act and award cost of the litigation and such other relief/reliefs as the forum deem fit and proper.

2.                     In spite of receipt of notice by this forum the opposite party remained silent and did not turn of to file any written version. In absence of any written version from the opposite party we proceeded the matter exparte and believed the allegations of the complainant and hence, we passed the order and disposed of the matter with the following directions.

 

                                                              ORDER

                        The opposite Parties are directed to refund cost of the mobile set i.e Rs.4,300/- along with compensation of Rs.1,000/- for mental agony undergone by the complainant and cost of Rs.500/- to the complainant within one month from the date of receipt of this orderk, failing which the O.Ps are liable to pay interest @ 12% p.a on the above awarded amount till the date of payment.

                        Pronounced in open forum today on this 20^hday of October.,2014 under the seal and signature of this forum.

                         A copy of this order as per the statutory requirements , be forwarded to the parties    free of charge.

 

Member                                                                                               President

Documents relied upon:

By the complainant:

1. Xerox copy  invoice dt.20.10.2014 issued by the O.P. No.1

By the Opp.Party: Nil

 

                                                                                                 President