Date of Filling:            23.06.2021

Date of Disposal:        15.07.2022

For the Complainant:                    Adv. Sri Bhubaneswar Mishra

                                                      Adv. Miss Minati Ratha

                                                      Adv. Sri Prabhat Kiran Sabat

                                                     Adv. Sri Manoj Kumar Mohanty

For the Opposite Party No.1:        Exparte.

For the Opposite Party No.2:        Exparte.

Shri P. Surya Rao, President

The fact of the case in brief is that the Complainant has filed this Consumer Complaint alleging deficiency in services rendered by the opposite parties.

Fact of the Case:-

            The complainant has purchased a mobile on online for his personal purpose as per Tax-Invoice No.: #FAE3ZV2100280282, Dated:23.01.2021. The said mobile has stopped functioning on 25.05.2021 just after four months from the date of purchase. Immediately thereafter, the complainant approached the opposite party no.1 through email on June 2, 2021. As per advice, the complainant approached the opposite party no.2 to functionalize the mobile. In intended to correct the mobile set in question, the opposite party no.2 issued a Service Record Dtd:26.05.2021 towards total Service Charge of Rs.4600/-. But while returning the mobile set in question, the opposite party no.2 has collected Rs.118/- from the complainant. When tested again, the complainant came to know that, the opposite party no.2 has not corrected the said mobile at all. Again the complainant approached the opposite party no.1 through email Dated: June 9, 2021 but all in vain. Being aggrieved, the complainant has knocked the door of this Commission and filed a consumer complaint and relief sought thereof.

Admitting the Consumer Complaint, this Commission has issued notice to the opposite parties. The opposite party no.1 has refused to receive the notice issued by this Commission, whereas the opposite party no.2 has acknowledged the notice of this Commission, but did not choose to appear in the case after notice duly accepted. Hence the notices are hold sufficient and both the opposite parties are declared as ex-parte in the instant case. And the averment of the Complainant is remains unchallenged by the Opposite Parties.

We have heard the learned Counsel for the Complainant and have gone through the documents on record.

In the instant case it reveals that the complainant filed evidence on affidavit. By taking the sole testimony of the complainant and an affidavit as well into the consideration, we accepted the contentions of the complainant as true and correct.

Hence this order.

Keeping in view of the facts and provisions of law, the present case is allowed. Both the opposite parties are being the retailer and service provider are jointly and severally liable for deficiency in services.

Therefore, it is directed to both the opposite parties –

1. To replace the defective mobile with new one of same configuration or refund the cost of the mobile with 9% interest per annum from the date of filling of this case. And in the event of the refund of cost of the mobile, the complainant shall return the mobile as-it-is condition to the opposite party no.2.
2. To pay compensation of Rs.2000/- to the complainant.
3. To pay litigation cost of Rs.1200/- to the complainant.

This order shall be complied with by the Opposite Party within one month from the date of receipt of this order, failing which, it shall be liable to pay the entire amount from (1) to (3) along with interest @ 12% p.a. from the date of the order of this case till its actual date of realization and the complainant is at liberty to take appropriate steps in accordance to the Consumer Protection Act, 2019 for realisation of all dues.

Certified copy of this order be communicated to the parties free of cost.

A copy of this order be also sent to the Secretary, State Consumer Disputes Rederssal Commission, Odisha, Cuttack for information and a copy of same be sent to the server of www.confonet.nic.in for posting in internet. After compliance the case record be consigned to record room.

            This order is pronounced on 15^th July 2022 in open Commission.

I agree                                     I agree                                                

Sd/-                                                         Sd/-                                                         Sd/-MEMBER (W)                  MEMBER                   PRESIDENT

Evidence affidavit of the Complainant is filed as PW-1.

A written argument of the complainant is filed.

Evidence affidavit of the opposite parties: NIL

A written argument jointly filed by the Opposite Parties - NIL

List of Exhibits:-

On behalf of the Complainant –

1. Tax-Invoice copy: # FAE3ZV2100280282, Dated: 23.01.2021.
2. Service Record: 26.05.2021.
3. Emails Dated: 02.06.2021, 09.06.2021 & 11.06.2021.

On behalf of the Opposite Parties –

1. NIL

(Dict.)

Sd/-                                         Sd/-                             Sd/-

MEMBER (W)                       MEMBER                   PRESIDENT