West Bengal

Paschim Midnapore

CC/124/2016

Milan Kumar Khamrai - Complainant(s)

Versus

The Manager, Adams Marketing Pvt. Ltd. - Opp.Party(s)

29 Mar 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                             

Bibekananda Pramanik, President,

and

Kapot Kumar Chattopadhyay

  

Complaint Case No.124/2016

 

Milan Kumar Khamrai, S/O Samit Khamrai, Vill. Ramkrishnanagar,

P.O. Midnapor, P.S. Kotwali

Dist-Paschim Medinipur…..….………Complainant

Versus

The Manager, ADAMS MARKETING Pvt. Ltd.

Kharagpur Branch, P.O. Kharagpur, P.S. Kharagpur Town

Dist-Paschim Medinipur

 

 For the Complainant:   Somasish Panda,  Advocate.

 For the O.P.                                          

 

Decided on: -29/03/2017

                               

ORDER

 Mr. Kapot Chattopadhyay, Member :–  

Complainant is present. Today is date fixed for ex-party hearing. Hd. Ld. Advocate and perused  the documents. It appears from the record the Op. appears and filled W/O and there after Ops. are avoiding the case. Thus there are exists reason to belive that the Ops. are willfully avoiding the contest in the case. Ld. Advocate for the Complainant filed relevant documents on the point of service of notice. In view of the present circumstances and the meterials on record there are no option but to here the case ex-party. Accordingly, the case is heard and considered.

 

Contd……………..P/2

( 2 )

             Complainant purchased a new Sony X peria M4Aqua E2363 Black FINANCE DETAILS: 1,725.00&8 352198073362820, vide IME No-352198073362820 , S.L. No- 1293-7452 on 05.10.2015 from the show room of ADMAS MARKETING PVT Ltd from Khragapur Branch office against payment of Rs . 20,700/- and the said seller issued a Invoic bearing KP24/1516/01356 dated 05/10/2015 in favour of your complaint.

Complainant face problem with the said mobile phone since purchase and the phone was extremely heated in time of calling , automatically switch off, hanged and not to function the camera and for which your complainant went to office of O.P. No 3 VEDIO PLAZA authorized service center of SONY INDIA at Bibigunj as per advice of ADAMS marketing Pvt. Ltd and he deposited the said mobile phone with complaint HANGING , OTEHRS, SOMETIEM CAMERA ERROR, O.S  SLOW, HANGING on 24.05.2016 after preliminary check up the staff of the said authorized center instruct the complainant to deposit the said phone under its Job Sheet No. W 11605240034 and on preliminary checkup said complaint as admitted by the ASC of the authorized service center and the employee of the said service center also issued a standby set to your complainant for his use and on query the staff could not declare or mention the delivery date of the said mobile due to detection of manufacturing defect and after long period the said mobile phone is deposited for reaping till on 25.07.2016 and the said mobile phone is returned to your complainant on 25.07.2016 and after received the said repaired mobile phone your complainant face same problem with his said mobile and then and then he used to the service center and they again advices to deposited the said mobile phone for necessary repairing and accordingly he deposited the same on 30.07.2016 with same nature of complaint of Hanging ,Heating ,others, Hanging SET Automatic Power off ,then power key press not power on normally after restart Key then power on ,set over hanging and the said centre i,e, Op. No- 3 also again issued a standby set to the complainant for his use.               

               Inspite of detection of manufacturing defect the opposite party being manufacturing company i,e, Op. No- 1 & 2 does not change or exchange the said mobile phone and the aforesaid

Contd……………..P/3

 

 

( 3 )

mobile has manufacturing defect which is well established from their delay of service work from the side of the authorized service center and more than three months

The said new purchased mobile phone was kept in the office of the opposite party and after receiving the said repaired mobile phone the complainant faced the same problem with his aforesaid mobile for which the complainant again deposited the same in the service center i,e, Op. No.3 inspite of doing repair work earlier occasion by the Op. No.3 and till now the said phone lying in the office of Op. No.3 and for your complainant has been deprived to use his newly purchased mobile phone due to fault of the opposite party and in the meantime the complainant demanded new mobile phone after exchange of his newly purchased mobile phone but the opposite party did not make arrange the same and intentionally delayed the matter and create pressure to the complainant accept the defective repaired mobile phone against payment of a heavy cost / amount for newly purchased mobile to the opposite party and when there is no fault from the side of your complainant in respect of use of the said mobile,  so the op. is liable to change the said phone or return the purchased money to the complainant for deprive of use of newly purchased mobile.            

             Complainant purchased a new Sony X peria M4Aqua E2363 Black FINANCE DETAILS: 1,725.00&8 352198073362820, vide IME No. 352198073362820 , S.L. No 1293-7452 on 05.10.2015 from the show room of ADMAS MARKETING PVT Ltd form Khragapur Branch office against payment of Rs . 20,700/- and the said seller issued a Invoic bearing KP24/1516/01356 dated 05/10/2015 in favour of your complaint.

               Inspite of detection of manufacture defect your opposite party being manufacturing company i,e, Op. No. 1 & 2 does not change or exchange the said mobile phone and the aforesaid mobile has manufacturing defect which is well established from their delay of service work from the side of the authorized service center and more than three months. The said new purchased

mobile phone was kept in the office of the opposite party and after receiving the said repaired mobile phone the complainant faced the same problem with his aforesaid mobile for which the

Contd……………..P/4

 

 

( 4 )

complainant again deposited the same in the service center i,e, Op. No.3 inspite of doing repair work earlier occasion by the Op. No-3 and till now the said phone lying in the office of Op. No-3 and for the complainant has been deprived to use his newly purchased mobile phone due to fault of the opposite party and in the meantime the complainant demanded new mobile phone after exchange of his newly purchased mobile phone but the opposite did not make arrange the same and intentionally delayed the matter and create pressure to the complainant accept the defective repaired mobile phone against payment of a heavy cost  amount for newly purchased mobile to the opposite party and when there is no fault from the side of the complainant in respect of use of the said mobile so the op. is liable to change the said phone or return the purchased money to complainant for deprive of use of newly purchased mobile.

             That such repudiation is illegal and there is gross deficiency of service from the side of Op.no. 1 and 3 jointly and separately.  That the Complainant being a consumer is covered caused by the provision of the Consumer Protection Act. Under the given facts and circumstances and observation above this is a fit case held that the Complainant has proved the allegation of deficiency of service against the Op.            

               Hence,

                              It is ordered,

                                                 that the complaint case be and the same is allowed ex-party.

Op.no. 1 and 3  is directed to make payment of the purchased amount i.e. 20,700/- as mentioned in tax invoice of the ADAMS MARKETING Kharagpur Branch.

Op. is also directed to pay litigation cost of Rs. 1,000/- and 10,000/- for mental pain and agony. 

Let plain copy of this order be given to the complainant free of cost.

 

   Dictated and Corrected by me

      

                Member                                          Member                           President

                                                                                                          District Forum

                                                                                                       Paschim Medinipur