IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.

CASE No.CC/03/2018

 Date of Filing:              10/01/2018                                     Date of Final Order: 11/12/2018

Complainant: Mehedi Hasan

            S/O-Md. Mansur Ali

            Vill-Balipara,PO-Diar fatepur

            PS-Lalgola, Dist-Murshidabad

            Pin-742135

-Vs-

Opposite Party: The Head/Director

   Ebay India Private Limited

  14 floor, North Block, R-TECH

  park, wester express highway,

  Goregaon(East), Mumbai-400063

  Maharashtra, India

Agent/Advocate for the Complainant           : In Person

Agent/Advocate for the Opposite Party:

Present:   Sri Asish  Kumar Senapati…………………........President.                              

                Smt. Aloka Bandhopadhyay……………………..Member.

                                     FINAL ORDER

 Smt. Aloka Bandhopadhyay, Member.

This is a complaint under section 12 of the CP Act, 1986.

            One Mehedi Hasan(here in after referred to as the Complainant) filed the case against The Head/Direcotor,Ebay India Pvt. Ltd.(here in after referred to as the OP) praying for compensation alleging deficiency in service.

The sum and substance of the complaint case is as follows

            Complainant purchased two new HTC Mobile Phone from Ebay site(Online) hence OP, the first one is One E9+ 4G Dual sim with IMEI1-357709063395268 and the second one is HTC 4G 820 Dual sim with IMEI1355383060477537 paying an amount of Rs. 14,995/- (Fourteen thousand nine hundred ninety-five) and                          Rs. 11,999/-(Eleven thousand nine hundred ninety-nine) respectively through Paisa pay. But after a few days both handset became in operating and the Complainant contacting with HTC Servicing Centre at Krishnanagar on 06.09.17 and on examining the handsets, it was informed by the Service Centre that both the sets were already out of warranty period and it was nearly about two years old. After getting such information the Complainant informed Ebay site about the problem through E-mail on 16.09.17 and also two seller Waquas Ali twice on 22.09.17 and 24.09.17 but no positive result has been received. Finding no other alternative, the Complainant files the instant case before the Forum for appropriate relief.

            After service of notice OP has not appeared to controvert the plea taken by the Complainant .So, the case proceeded ex-parte against the OP.

Now the question arises whether the Complainant is entitled to get relief, as prayed for?

Decision with Reason

Undoubtedly, the Complainant is a consumer as he purchased two Mobile Set, the first one is HTC One E9+4G Dual sim and the second one is HTC 4G Dual sim with IMEI1-357709063395268 and IMEI1355383606477537 on paying an amount of Rs.14,995/-(Fourteen thousand nine hundred ninety-five)  and Rs.11,999/-(Eleven thousand nine hundred ninety-nine)  (vide Annexure-A Series) in his name. It is evident from annexure B that Complainant move to HTC Customer Care Centre at Krishnanagar on 06.09.17 for his two Mobile Sets bearing IMEI1-357709063395268 and IMEI1355383606477537 and fault was categorized as software problem and the Complainant paid inspection charges of Rs.236/-(Two hundred thirty six) including GST. It is also clear from the documents filed by the Complainant that  Unless otherwise agreed by the Customer, this Limited Warranty shall last for twelve(12) months from the date of original purchase for mobile devices, and twelve(12) months for accessories (whether included in the mobile device sales package or sold separately) other than the media on which any software is provided, CD-ROM, memory Card (Warranty Period)”(Vide Annexure-B). It is also evident from the documents filed by the Complainant that two money receipts issued by the OP containing the statements that New Imported HTC One E9+ Duos Dual Sim 4G LTE 32GB 3GB 5.5  20MP UP-Rose Gold (182530254913) and New 4G HTC Desire 820 Dual Sim(GSM+GSM) 16GB 2GB RAM 5.5’’ 13MP Camera White(272607293250) (Vide Annexure-F,F-1).

Considering the facts and circumstances of the case and the documents filed before us and the argument adduced by the party, we are of the opinion that the Complainant as the consumer is suffered from mental agony on purchase of these two sets. Though the documents provided by the OP as new one but declined to replace the same as per HTC mobiles norms. As the Complainant paid the amounts for the two mobiles to the OP so, he cannot escape from his liability. Here lies the deficiency in service on the part of the OP as after due information, he has not taken any step for repair or replace of two sets within the warranty period.

Reasons for delay:

The Case was filed on 10.01.18 and admitted on 18.01.18 . This Forum tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act,1986. Delay in disposal of the case has also been explained in the day to day order..

As the result, the complaint case succeeds.

Fees paid are correct. Hence it is

Ordered

that the complaint Case No.CC/03/2018 be and the same is hereby allowed ex-parte against the OP.

            The OP is directed to pay a sum of Rs.26,994/-(Twentysix thousand nine hundred ninty-four) along with interest @ 8% from the date of purchase till payment and a  compensation of Rs.10,000/-(Ten thousand) payable to the Complainant by the OP. All such payments must be made within 30 days from the date of this order.

Let plain copy of this order  be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand  /by post under proper acknowledgment  as per rules, for information and necessary action.

The Final Order will also be available in the following Website:

confonet.nic.in

Dictated & corrected by me.

Member                                                                  President.