Orissa

Cuttak

CC/104/2015

Diptiman Mohapatra - Complainant(s)

Versus

Sister Mobile Shop - Opp.Party(s)

C Patra

01 Jul 2016

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.104/2015

 

Diptiman Mohapatra,

S/O:Sri Sibaji Mangaraj Mohapatra,

At:Mining Road,Baladev Jew Colony,

Lane-3,Keonjhar,Odisha-7518001.                                         … Complainant.

 

Vrs.

1. Sister Mobile Shop,  At:88/7,Bapuji Nagar,Bhubaneswar-9,Odisha.

 

2. Jaganath Enterprises(Service Centre),

At:Dolamundai,Vaishali Hotel Complex,

Cuttack,Odisha-753001.

 

3. Microsoft Corporation (I) Pvt. Ltd.,

At:Brish Indian Territory & Maldives

10^th Floor,Tower B & C,

DLF Building No.5(Epitome) Cyber City,

DLF Phase-III,Gurgaon,PIN-122002.                                           … Opp. Parties.

 

Present:               Sri Bichitra Nanda Tripathy,Presiding Member.

Smt. Sarmistha Nath, Member.

 

Date of filing: 01.10.2015

Date of Order: 01.07.2016

 

Mr. Bichitra Nanda Tripathy,Presiding Member.

 

                This is a dispute wherein the complainant has alleged deficiency in service and also unfair trade practice on the part of the O.Ps.

1. The complaint in short is that Sri Diptiman Mohapatra purchased one Nokia-Lumia 930 mobile hand set on 9.6.2015 from Sister Mobile Shop,88/7,Bapujinagar,Bhubameswar-9 on payment of Rs.38,000/-.  The said hand set was with one year warranty.  The mobile set gave some problem for which it was given to M/s. Jaganath Enterprises (authorized service centre of Nokia) on 11.8.2015 for necessary repair.  It is alleged that the said mobile hand set is not yet repaired to the satisfaction of the complainant and is still kept with the service centre.  A legal notice was also served on O.P.1 & 2 on 28.8.15, but it yielded no result.  Hence the complainant, finding no other way has taken shelter under this Hon’ble Forum.  He has prayed to get back the cost of the mobile set i.e. Rs.38,000/- with interest and Rs.50,000/- as compensation towards mental agony and harassment.
2. In the present case though several opportunities have been given to O.Ps they neither appeared nor contested the dispute.   In such a situation we are constrained to accept the statement of the complainant as uncontroverted and also presume that the O.Ps have nothing to say further on the matter in their defence. 

In view of the observations of appellant Forum as stated below:

1. 2003-CLT-Vol-96-P-15-Para-4, C.D No.37/2002.

“Absence of written version – Commission is bound to accept the uncontroverted statement made in the complaint.”

2. 2013(1) C.P.R-507(N.C).

“In case written version not filed after several opportunities, it has no defence on merit.”

     Basing on the above noted facts and circumstances, the complainant’s allegation against the O.Ps appears to be correct and we allow the dispute against O.Ps1,2 & 3. 

In view of the observation of the Hon’ble State Commission reported in 2005-CTJ-896, Chandigarh-Raj Han’s Studio Vrs. Kishanlal & another wherein it was held that

“Defect-mobile hand set- Consumer Protection Act,1986,Section2(i)(f)-Dist. Forum held both the dealer and manufacturer conjointly liable and directed for making refund of the price charged from the complainant Appeal dismissed in limini.”

Hence O.P.3 is also liable.

                                                                               ORDER

        The dispute allowed against O.Ps.  O.P.1 is directed to refund the cost of the mobile hand set amounting to Rs.38,000/-(Rupees thirty eight thousand only).  O.P No.1 is also directed to pay Rs.12,000/-(Rupees twelve thousand only) towards compensation(including cost of litigation).  Out of this compensation amount of Rs.12,000/-, Rs.10,000/- will be recovered by O.P.1 from O.P.3.  O.P.3 is also directed to ensure that the service centers of the company are providing proper and prompt service to the customers in the long run.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 1^st   day of July, 2016 under the seal and signature of this Forum.

                              (Sri B.N.Tripathy )

                                                                                                                                       Presiding Member.

 

 

                                                                                                                                            (Smt. Sarmistha Nath) 

                                                                                                                                    Member(W).