DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: BHADRAK

Dated the 20th day of September, 2018

                                                   Present 1. Shri Raghunath Kar, President

                                                                2. Shri Basanta Kumar Mallick, Member

                                                                3. Afsara Begum, Member

C.D Case No. 101 of 2016

Mr. Nirup Kumar Behera

S/o Mahendra Prasad Behera

At: Kalarapal

Po: Oupada

Dist: Balasore

                                                        ……………………. Complainant

            (Versus)

1. The Authorized Officer,

M/S Lava International Ltd.

A- 56, SEC- 64, Noida- 201301

UP, India

2. The Proprietor,

M/S- AB Associates,

At: Room No. 9, Near Hotel Saswat

By-Pass, Dist: Bhadrak- 756101

At Present- Behind Presidency College,

By-Pass, Dist: Bhadrak- 756101

3. The Proprietor,

Mobile Plant,

Shop No. 9, Basement,

Sri Sai Complex,

Gandhi Nagar Main Road, Barhampur

Dist: Ganjam- 760001 (Odisha)

4. The Authorized Dealer, Lava Internation Ltd., Bhadrak

Mr. Gaurav Agrawal,

At/Po: Charampa, Near Rajashree Cloth Store,

Dist: Bhadrak

                                                      …………………………..Opp. Parties

Advocate For the Complainant: In Person

Advocate For the OP No. 1: Sri U. C. Sahoo & Others

Advocate For the O.Ps No. 2, 3 & 4: Ex-parte

Date of hearing: 18.10.2017

Date of order: 20.09.2018

SRI RAGHUNATH KAR, PRESIDENT

That, the complainant has alleged against the O.Ps having aggrieved with their deficiency of service caused towards him. The brief facts of the complaint is here by disclosed that the complainant has purchased a mobile phone from LAVA International Ltd. A-56, SEC-64, NOIDA- 201301, UP, INDIA. (OP No. 1) having model- LAVA-IRIS XI GRAND, IMEI No. 91142485271661 from the authorized seller, MOBILE PLANT, Shop No. 9, Basement, Sri Sai Complex, Gandhi Nagar Main Road, Brahampur, Dist- Ganjam- 760001 (Odisha) (OP No. 3) on dt. 29.06.2015. The copy of invoice & warranty card of the commodity is annexed herewith. That in course of uses all of a sudden on dt. 23.02.2016 at about 10 A.M the hand set showed defects as the set was not charged properly & the touch screen not worked. Having found such type of technical problem & having a warranty period the complainant rushed to the nearest authorized service center at Bhadrak Town, Odisha, M/S-AB Associates, at about 3 P.M on the very same day. The authorized service provider, AB Associates, received the same with an acknowledgement vide work order No. 510007806477 on dt. 23.02.2016 and advised to intimate about the defect within 2 to 4 hours. But at about 8.30 P.M one from M/S- AB Associates informed the complainant over phone that 2 numbers components are damaged due to water and it will not cover within warranty. If he wants service he has to pay for it. The copy of acknowledgement work order No. 510007806477 on dt. 23.02.2016 is annexed. OP No. 2, AB ASSOCIATES returned the good/device in question to the complainant.

That aggrieved by this deficiency caused by OP No. 2, AB Associates, the complainant made a representation as legal notice on dt. 01.03.2016 by Regd. post with A/D to the Manufacturer LAVA International Ltd. A- 56, SEC- 64, NOIDA- 201301, UP, India (OP No. 1) for a clarification & non-compliance of the request of the complainant by OP No. 2. The copy of the legal notice on dt. 01.03.2016 is annexed. That it is a matter of regret that though the OP No. 1 has received the same on dt. 04.03.2016, he did not prefer to make a response to the complainant to sit silently till date.  Not responding the grievance of the complainant by the company (OP No. 1) shows about the unfair trade practice which has no moral as well as legal obligation towards a consumer. The copy of on line postal acknowledgment of the letter dt. 01.03.2016 is annexed. That getting no other option as mobile is an essential & important need in day to day life the complainant rushed to OP No. 2, AB Associates authorized service provider the same & registered mobile set in question for servicing Vide work order No. 510008258212 on dt. 05.04.2016. The copy of acknowledgement work order No. 510008258212 on dt. 05.04.2016 is annexed.        

OBSERVATION

We have already perused the complaint as well as the documents and the written version filed by the complainant as well as the O.Ps along with their documents filed by them. The OP No. 2, 3 & 4 have neither appeared in this Forum and nor filed their written version’s and relevant documents. The OP No. 1 has filed the objections against the written note of argument filed by the complainant. That the complainant has purchased a mobile phone from LAVA INTERNATIONAL Ltd., A-56, SEC-64, Noida-201301, UP, India (OP No. 1) having Model- LAVA-IRIS XI GRAND, IMEI No- 91142485271661 from the authorized seller, Mobile Plant, Shop No- 9, Basement, Sri Sai Complex, Gandhi Nagar Main Road, Berhampur, Dist- Ganjam- 760001 (Odisha) (OP No. 3) on dt. 29.06.2015. The version stated in Para- 6 of the show cause filed by the OP No. 1 that there is no knowledge regarding the purchase of the mobile in question which is totally baseless & incorrect. The complainants have communicated a legal notice described details there in on dt. 01.03.2016 by Regd. post with A/D to OP No. 1 which was received by OP No. 1 on dt. 04.03.2016. The service of as sufficient is evident from the postal acknowledge receipt Annexure- 4 of the complaint petition. The copy of acknowledgment work order No- 510008258212 on dt. 05.04.2016 is annexed as Annexure- 5. In spite of repeated request to the OP No. 2 to repair the devise but the complainant was forced by the OP No. 2 the payment of Rs 860/-. Though the payment has been made as demanded by OP No. 2 the mobile set of the complainant is not working properly from the very next day, t

he camera, flash light, display is not working properly. Facing such type of defects after servicing, the complainant requested various time to the OP no. 2 to rectify the defects. But all efforts the of the complainant had gone in vain. The complainant also sent two legal notices on 01.03.2016 & 17.06.2016 to the OP No. 1 but no response was made on behalf of him. The OP No. 2 further replied that is was not possible to repair the said mobile set because the mother board was defective. Rather he advised that the complainant would get the service to proper channel by the company at the cost of Rs 5,000/-.

After well observation we have been found that the complainant has come to this Forum with clean hands. He has submitted the documents as serial No. 1 to 8 as well as the annexure No. 1 to 7 but on the other hand the OP No. 1 has filed not a single document on behalf of him. The OP No. 2, 3 & 4 have been set ex-parte due to their non appearance and non filing of their documents. There is a primafacie case made out against all the O.Ps that they have severely caused deficiency of service against the complainant. The O.Ps are liable to be compensated for their negligence and deficiency of service. Hence it is ordered;    

ORDER

The complaint be and the same is allowed on contest against the OP No. 1 and ex-parte against the O.Ps No. 2, 3 & 4. All the O.Ps are directed to deliver a mobile phone having model LAVA-IRIS XI GRAND, IMEI No- 91142485271661 or original cost of the same in cash. The O.Ps are also directed to pay Rs 3,000/- compensation to the complainant towards the deficiency of service. They are also directed to carry out the order within 30 days on receipt of the same.

This order is pronounced in the open Forum on this day of 20th September, 2018 under my hand and seal of the Forum.