Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Anil Kumar Singh
Member
Date of Order : 24.10.2018
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to replace both the mobiles in question with new one.
- To direct the opposite parties to pay Rs. 25,000/- as compensation.
- To direct the opposite parties to pay Rs. 5,000/- as litigation cost.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that he had purchased two mobile set from A1 Smart Mobile Shop (opposite party no. 3) of model no. LAVA A76 4G, IMEI/RSN – 911507501021564 BAT NO. HS16D0019228 and LAVA KKT 40 Power+, IMEI/RSN – 911505200046601, BAT NO. 16C0086333 after paying Rs. 5,355/- AND Rs. 1,732/- vide annexure – 1 and 2 on 06.06.2016. Both the mobile products cover one year full guarantee/warranty. After two months of purchase both the mobile set became defective for which the complainant visited the Lava Care Center, Colony More, Patna on 22.09.2016. The Lava Care Center has rectified both the mobile set and removed the defect but entire defect could not be rectified. Thereafter the complainant visited several time to Lava care center but no step has been taken by the Care Center as will appear from annexure - 3 now the said Center is closed. Thereafter the complainant visited to another Lava Care Center at Kaushalya Estate, Bandar Bagicha, Patna. When complainant again visited on 12.05.2017 the complainant was directed to come after ten days for removal of the defect. Thereafter the complainant visited Lava Care Center again on 25.05.2017 where the Executive/Mechanic/Engineer/Employee of the Lava Care Center took the mobiles for rectification and after two hours Executive/Mechanic/Engineer/Employee of the Lava Care Center handed over both the mobile set to the complainant and said that the defect cannot be removed.
The complainant has further asserted that before depositing both the mobile set to the Lava Care Center, both the mobile sets were functioning, despite some defects but when the Lava Care Center returned both the mobile set, both the mobiles were completely dead.
It is further asserted by the complainant that both the mobile set were under guarantee/warranty period.
The grievance of the complainant is that opposite party no. 3 knowingly sold a defective mobile sets to the complainant.
From record it transpires that when the registered notice sent to opposite parties did not return unserved then the Tamila was declared valid and the case was heard ex – parte.
From bare perusal of complaint petition it transpires that after two month from the purchase of mobile sets after paying Rs. 5,355/- + Rs. 1,732/- vide annexure – 1 and 2 when the mobile sets of the opposite party no. 3 did not function properly then the complainant visited the Lava Care Center for removing the defect but the grievance of the complainant has not been redressed.
As the complainant has stated the aforesaid fact on solemn affirmation and there is no counter version of the opposite parties hence we have no option but to rely on the fact stated by the complainant in complaint petition which clearly shows deficiency on the part of opposite parties.
For the reason stated above we direct the opposite parties to replace both the mobile set (vide annexure – 1 and 2 ) with the new one of the same model to the complainant within the period of two months from the date of receipt of this order or certified copy of this order.
Complainant is also directed to hand over both the mobile set to opposite parties at the time of receiving another mobile set of the same model from them.
Opposite parties are further directed to pay Rs. 2,000/- ( Rs. Two Thousand only) to the complainant by way of compensation and litigation cost within the period of two month.
Accordingly, this complaint stands allowed to the extent referred above.
Member President
