PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO. 59/2022

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Sri. Prasanta Kumar Kar,

S/O- Late Khageswar Kar,

R/O- Modipara, Near Pani Tanki, Ps-Town,

Dist- Sambalpur-768002, Odisha.                       ...………..Complainant

Versus

The Head, Jio Phone Care Centre,

At-Budharaja, City Life Building,

4^th Floor, Ps- Ainthapali,

Dist-Sambalpur-768004, Odisha.                                  …………...Opp.Party

Counsels:-

1. For the Complainant      :-          self
2. For the O.P.                     :-          Sri. P.K.Mahapatra, Advocate & Associates

Date of Filing:19.08.2022,  Date of Hearing :20.03.2023  Date of Judgement : 08.05.2023

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the complainant placed an online order on 13.07.2022 to the O.P. for one “Jio phone Next” Mobile set and was delivered on 14.07.2022. Payment was made through Yono SBI on 14.07.2022 for Rs. 4500/- after delivery of the product. After 10-12 days when the mobile set automatically switched off or hanged intimated the O.P. through e-mail on 30.07.2022 for return of defective product and refund of money but the O.P. remained silent. For deficiency in service complaint was filed.
2. After appearance in version the O.P. submitted that the alleged mobile set had never been brought to the authorised service station for inspection or verification. Warranty service was available for the Complainant on ‘no charge basis’. The case is pre-matured. The other allegation are denied.
3. Perused the documents filed by the Complainant. On 14.07.2022 the Complainant paid Rs. 4500/- through yono SBI. The Jio-phone warranty and details say that one year warranty and in some causes 6 months warranty has been provided. From mail dated 30.07.2022 it reveals that complaint was made. There is no any reply has been filed by the O.P. nor details of authorised service centre has been intimated.
4. It is the admission of the O.P. that the transaction is not within the knowledge whereas the Complainant submitted that details of transaction. When order was placed on 13.07.2022 the O.P. replied that within 2 days at door step delivery shall be made and code was allotted ‘165342’ and O.P. replied that Alok Pasayat will provide service. This is the one side of sale transaction which is very prompt for promotion of business.

The order side of complaint is that when defects were pointed out by mail dated 30.07.2022 the O.P. has not made any correspondence nor issued any advisory which proves the deficiency in service of the O.P.

Basing on the supra discussion the following order is passed:

ORDER

The complaint is allowed on contest against the O.P. The O.P. is directed to rectify the defects in the product within one month of this order. In case of non-compliance the O.P. shall be liable to pay Rs. 4500/- with 9% interest P.A. w.e.f. 14.07.2022 along with compensation of Rs. 10,000/- and litigation expenses of Rs. 3,000/-

Order pronounced in open court on this 8^th May 2023.

Supply free copies to the parties.