GOVT OF ASSAM

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NALBARI, DISTRICT-NALBARI, ASSAM

Present:    1) Md. Sahadat Hussain, AJS. President.

                2) Mrs. Geeta Bujar Baruah. Member

CONSUMER CASE NO. CC/20/2015

Gauri Sankar Sarma

P.O.- Gopal Bazar

Vill.- Balikaria

Dist.- Nalbari (Assam), 781353

(Complainant)

VS

1. Swipe Telecom India Pvt. Ltd.

          Unit No. S-2, S-3

          1^st floor, Metropole Building                           (Opp. party)

          Near INOX Theatre

          Bundh Garden Road,

         Pune – 411001

2. APACE SOLUTIONS Opp. ICICI Bank, Bhangagarh​ Guwahati - 781005

(Opp. party)

Appearance-      The Complainant himself conducted his case.

Date of Ex-Parte Argument – 20.02.2017

Date of Judgment – 20.02.2017

EX-PARTE  JUDGMENT

This is a case U/S 12 of Consumer Protection Act 1986.

1. The complainant was admitted on 1.9.15 and notice was served on both opp. parties but non appeared and in result, the case against the opp. parties is proceeding on exparte vide this forum’s order dated 7.11.15. The complainant filed his evidence on 8.12.15. He also filed his written argument on 29.2.16. Today we have heard his oral argument. And delivered the judgment which is as below.

2. The complainant’s case in brief is that he had purchased one Swipe 3 D Life Tablet on 2013 from Swipe Telecom India Pvt. Ltd. Pune (OP.No.1) through online but the tablet showed some problem and he their approached Swipe Service Center APACE SOLLUTION, Guwahati (OP. NO.2) for repairing the same and deposited Rs. 1800/- as repairing charge and they sent the tablet to Swipe Head Office vide Job sheet No. RVSRN 1412 APS 0010 on 3.12.2014 as they fail to repair it and after two month of depositing the tablet, OP NO.1 sent one device to him but this is not the tablet he had deposited; his device was 3D Life + system Android 4.0 Processor Box chip A13 1.5 Ghz., while the device sent by OP No.1 was 3D Life + system Android 4.2 Processor Box chip dual core (1.2 Ghz) cumulation frequency, and that device was also found defective and Then again approached to OP No.2 and OP No. 2 again sent it back to OP No. 1 vide job sheet No. RVSRN-1502-APS-0075 dated Feb.2015, but OP No 1 again sent back the said very device and then he again deposited that to the OP No.2 and OP No.2 again sent it to OP No.1 vide job sheet RVSRN 1504 APS 0028 April 2015 but after one and half month OP No.1 sent the same set to him, then he again approached OP No.2, and OP No.2 again sent the same to OP No.1 vide job sheet No. RVSRN 1800 APS 00028 and the said device is still in the possession of OP No.1. By that act the opp parties cheated him and hence he prays for directing the opp parties to return the value of his tablet  (Rs. 5999/-) and Rs. 1800/- which he paid for repairing and to pay Rs 20,000/- for compensation for causing harassment to him and Rs. 5000/- as cost of proceeding.

3. We have perused the complaint and the evidence filed by the complainant. From evidence, it is established that, the Complainant Sri Gauri Sankar Sarma had, in the year of 2013, purchased one tablet Swipe Android 4.0 processor box chip A13 1.5 Ghz from Swipe Telecom India Pvt. Ltd. (Pune) (OP No.1) through online at a price of Rs. 5999/- but in the month of Dec. 2014 it showed problem and he then approached OP No.1’s service center  at Guwahati namely APACE SOLUTION (OP No.2) for repairing the same and also deposited Rs. 1800/- as repairing charge and OP No.2, failing to repair it, sent it to OP No.1 vide job sheet No. RVSRN 1412 APS 0010 on 3.12.2014 as they fail to repair it and after two month of depositing the tablet, OP NO.1 sent one device to him but this is not the tablet he had deposited; his device was 3D Life + system Android 4.0 Processor Box chip A13 1.5 Ghz., while the device sent by OP No.1 was 3D Life + system Android 4.2 Processor Box chip dual core (1.2 Ghz) cumulation frequency, and that device was also found defective and then again approached OP No.2 and OP No. 2 again sent it back to OP No. 1 vide job sheet No. RVSRN-1502-APS-0075 dated Feb.2015, but OP No 1 again sent back the said very device and then he again deposited that to the OP No.2 and OP No.2 again sent it to OP No.1 vide job sheet RVSRN 1504 APS 0028 April 2015 but after one and half month OP No.1 sent the same set to him, then he again approached OP No.2 and OP No.2 again sent the same to OP No.1 vide job sheet No. RVSRN 1800 APS 00028 and the said device is still in the possession of OP No.1. Thus it is clearly established that OP No 1 neither returned the tablet purchased by the complainant from them, nor repaired it and the substitute device sent by them is also defective one and that was also returned to them and they received back the same but did not take any step to replace his tablet with a new one or to return the price of the same along with the repairing charge (Rs.1800/-) he had deposited to OP No.2, and still his tablet is with OP No.1. So, we hold that such act of the Opp. parties is clear case of unfair trade practice and a case of cheating. Hence we hold that both the Opp. parties are jointly and severally liable to return the price of the said tablet (Rs.5999/-) along with the repairing charge (Rs.1800/-) he deposited to OP No.2, and also to pay at least Rs. 5000/- for causing harassment to him and Rs.5000/- as cost of proceeding.
4. Because of what has been discussed as above, the complaint filed by Sri Gauri Sankar Sarma (the complainant) against the Opp parties namely Swipe Telecom India Pvt. Ltd. Pune and APACE SOLLUTION,  Bhangagarh Guwahati is allowed on exparte and opp parties are hence directed to return the price of the tablet Rs. 5999/- (Rupees five thousand nine hundred ninety nine) and the repairing charge Rs. 1800/- (Rupees eighteen hundred) which the complainant deposited to OP No.2 to the complainant with interest at the rate of 12% P.A. from the date of filing of the complaint(1.9.2015) and also to pay him Rs. 5000/- as cost of proceeding, to which, both the parties are jointly and severally liable. They are directed to pay the awarded amount to the complainant within two months, in default of which, other two amounts to which will also carry interest in same rate.

                                                                           (Md. Sahadat Hussain AJS.)

President.

                                                                            (Mrs.Geeta Bujar Baruah)

                                                                                           Member.