Orissa

Jharsuguda

CC/112/2014

Mausam Kumar Patel S/O-Dillip Kumar Patel - Complainant(s)

Versus

Sundeep Molhotra CEO,Home Shop-18 - Opp.Party(s)

Mrs.S.patel

25 Jul 2015

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO. 112 OF 2014

 

Mausam Kumar Patel, (25 Yrs.),

S/O: Dillip Kumar Patel,

R/O/ Nuadihi(Raidihi), PS: Lephripada,

Dist: Sundargarh,Odisha……………………………………………Complainant.  

                                           

Versus

 

1. Sundeep Malohatra,

CEO, Home Shop-18,

7^th floor, FC-24, Sector-16/A,

            Film City, NOIDA-201301,

            Uttar Pradesh, India.

 

2. M/S. Spectacular Media Marketing P. Ltd.,

1^st floor, MPL No. 4948, Plot No.47,

 Opp. Hind Park, Daryagang,

 NEW DELHI.

 

3. Micromax Informatics Ltd.,

Plot No.21/14 Block-A,

Naraina Industrial Area,

Phase-II, NEW DELHI-110028.

 

4. R.R. Mobile Jyoti Market Complex,

Budharaja, Sambalpur,

PS/Dist- Sambalpur……………….…………………………..Opposite Parties.

 

 

Counsel for the Parties:-

For the Complainant                                               Mrs.S.Patel, Advocate.

For the Opp. Parties                                    Shri S.P.Sahu, Adv. & Associates.

 

Date of Order: 25.07.2015

 

Present

                                                                                 1. Shri S.L.Behera, President.

                                                                                  2. Shri S.K. Ojha, Sr. Member.

 

 

 

 

 

Shri S. K. Ojha, Sr. Member : - The brief facts of the complainant’s case is that, the complainant had ordered to purchase one Micromax Fun Book Ultra HD P-580 7.8 inch Android calling Tablet to the OP.No.1 on dtd.02.03.2014 and after placing the order the OP.No.2 dispatched the said article  on dtd.03.03.2014.The complainant received the article by paying Rs.11,990/- on COD (Cash On Delivery). Article was having one year warranty and during the warranty period the said Tablet developed a scratch and display was broken. The complainant deposited the said Tablet to the OP.No.4 on dtd.12.07.2014 for repairing purpose but due to non availability of spare parts it could not be repaired. The OP.NO.3(Manufacturer)intimated that the company is no more  manufacturing the display of Tablet. The complainant is ready to bear the cost of spare parts and labour charges etc., but due to non availability of spare parts the complainant is not able to use the Tablet as such finding no other way the complainant filed this case.

On receiving the notice, the O.P.No.1 & 2 appeared through their counsel Jointly and filed written version admitting the facts of purchase but denied the allegations of the complainant. The OP.NO.3 & 4 did not choose to appear before this Forum and set exparte in spite of providing sufficient opportunities.

 Heard from the parties and gone through the case record. The complainant had purchased one Micromax  Fun Book Ultra HD P-580 7.8 inch Android calling Tablet by making online order to the O.P.NO.1 which was delivered by the O.P.No.2 and received by the complainant on COD(Cash On Delivery) by paying Rs.11,990/-only. After being used with in the period of warranty the said Tablet occurred problems in display. The complainant submitted before the O.P.No.4 for repairing but it could not be repaired due to non-availability of spare parts. On the said problems the OP.No.3 remained silent.

  The O.P.NO.1 & 2 have rendered there services accordingly. It is the O.P.NO.3 & 4 who can say the facts of non-repairing of the said Tablet but both O.P.NO.3 & 4 remained silent in this case after receiving notices,  which reveals that they have nothing to say. As per the complainant the O.P.NO.3 is not manufacturing the spare parts of the said Tablet.

After manufacturing the product it is the duty of manufacturer to manufacture / arrange the spare parts of the said product. Non-manufacturing the spare parts by manufacturing company is nothing but deficiency in service on the part of manufacturer i.e., the O.P.NO.3 in this case. 

Hence this Hon’ble Forum allows the complaint petition by directing the O.P.NO.3 in the form of order as follows :-

 

 

 

 

ORDER

 

The O.P.No.3 (Micromax Informatics Ltd., New Delhi) is hereby directed to refund Rs.11,900- (Rupees eleven thousand nine hundred) only towards the price of the said Tablet  or give a defect free new Tablet of latest model having the same price to the complainant in exchange of defected Tablet, along with pay a sum of Rs.5,000/- (Rupees five thousand) only towards harassment, mental agony including litigation cost within 30 (thirty) days from the date of receipt of this order, failing which the O.P.No.3 shall be liable for interest @ 10 % per annum on the above mentioned awarded amounts till realization. 

 

   Accordingly the case is disposed of.

Order pronounced in the open court today the 25^th  day of July’ 2015 and copy of this order shall be supplied to the parties as per rule.

 

                                        I Agree,                                                                                                        

                                         

                                   S. L. Behera President                                                  S.K.Ojha, Sr.Member       

                

                                    Dictated and corrected by me

 

                                        S.K.Ojha, Sr.Member