Orissa

Sambalpur

CC/24/2022

Sri Umang Agrawal - Complainant(s)

Versus

Sprimon Technologies - Opp.Party(s)

Smt. S.Dash, R.L. Agrawal, Others & Associates

11 Apr 2023

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO. 24/2022

 

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

 

Sri Umang Agrawal,

Proprietor of Keshav Traders, S/o-Late Natwar Lal Agrawal

R/o. Basant Vihar, A.N Guha Lane, PO- Sambalpur,

PS- Town Police Station,

Dist-Sambalpur-768001.                                                                     ...………..Complainant

 

Versus

1.       Sprimon Technologies

          Dhuchurapara Chowk, Gangadhar Meher

          University. Rd., Near Union Bank, Sambalpur

2.       Xiaomi Technology India Private Limited,

          Building Orchid Block-E, Embassy Tech,

          Village- Marathahalli, Outer Ring road, Deverabisanahalli

          Bengaluru- -560103.

3.       KGN Enterprises , Golebazar Chowk,

          Sambalpur-768001,Odisha                                                      …………...Opp.Parties

 

Counsels:-

1. For the Complainant      :-          Sri. S.Dash, Advocate & associates
2. For the O.P. No.1 & 2     :-          Ex-parte
3. For the O.P. No.3            :-          Awish Abdul Arif

 

Date of Filing:20.04.2022,  Date of Hearing :27.02.2023  Date of Judgement : 11.04.2023

 

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the complaint purchased a Model Poco x3 Pro steel blue 6 GB+128 GB, Mobile Phone, IMEI No. 866220054915050, 866220054915068 from O.P. No.3 on 21.08.2021 vide invoice No. 8866 for Rs. 19,300/-. Within the warranty period on 10.03.2022 the hand set became defective, the service centre O.P. No.1 was contracted who expressed non availability of parts. The O.P. No.1 offered M.I. Redmi Note 10 Pro device in exchange but the Complainant denied. On the next day when O.P. No.1 was contacted, he did not Co-operate and not provided details of the manufacturer. The Complainant had to submit the device for 7 days to repair or exchange but the O.P. No.1 remained silent. A complaint was lodged bearing No. W10N20220317000300, the customer care assured to resolve within 4-5 days but till 29.03.2022 not got any result. The Complainant contacted service-in @ Poco.net but no result found. The Company was extending time till 02.04.2022 then to 09.04.2022 without solving the problem.

Being harassed the Complainant filed this complaint.

 

2. The O.P. No.1 & 2 have been set ex-parte. The O.P.No.3 submitted that he is only the seller of the mobile phone. The alleged mobile set has been sold to the Complainant. The authorized service centre and the manufacturing company are responsible for defective product/service.

 

3. From the documents filed by the Complainant reveals that the service centre on 11.03.2022 issued letter “Does not boot” in fault description. Perused the mail dated 18.03.2022, 25.03.2022, 28.03.2022 and 29.03.2022. From the letters it is clear that since 11.03.2022 the product is deposited but the service centre failed to rectify the defects. From the letter of service provider dated 11.03.2022 it is clear that the mobile set is having inherent defects as per expert opinion service provider. Further from pleading it is clear that parts are also not available in the market thereby the investment of the Complainant blocked.

From mails it is clear that the O.P. No.2 is deficient in its service, failed to provide proper service and unable to run the mobile set within the warranty period.

As the O.P.No.3 is the seller of the product and O.P. No.1 is service provider, which is the authorized service centre renable to provide proper service.

Accordingly, it is order:

 

 

 

6698606.  

The Complaint is allowed ex-parte against O.P. No.1 & 2 and dismissed against O.P.No.3. The O.P. No.1 & 2 are directed to repair the mobile set within one month of this order, failing which the O.P. No.2 shall be liable to replace same mobile set specification or refund Rs. 19,300/- to the Complainant with 9 % interest P.A. w.e.f. 09.04.2022 till realisation. Further for deficiency in service the O.P. No.1 & 2 are liable to pay Rs. 40,000/- compensation and litigation expenses of Rs. 10,000/-.

Order pronounced in open court on this 11^th day of April 2023.

Supply free copies to the parties.