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Sri Amjad Alli filed a consumer case on 25 Sep 2020 against The Manager Amazon in the Rayagada Consumer Court. The case no is CC/68/2019 and the judgment uploaded on 21 Oct 2020.
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
POST / DIST: Rayagada, STATE: ODISHA,9.07 Pin No. 765001.
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C.C.case No. 68 / 2019. Dt. 25. 9. 2020
P R E S E N T .
Dr. Aswini Kumar Mohapatra, President
Sri Gadadhara Sahu, Member.
Smt. Padmalaya Mishra,. Member
Sri Amjad Alli, JITM Hostel, At: Indira Nagar, 6th. Lane, DIST: Rayagada, State: Odisha, PIN No. 765 001. Cell No.95567-71326, 8847804345. …..Complainant.
Versus.
1.The Manager, Amazon India, Brigate Gateway, 8th. Floor, 26/1, Dr. Rajkumar Road, Malleshwaram(W),Bangalore- 560055, Karnataka State, E-mail ID-Amaznindpr@amazon.com.
2.The Manager, E-Mobiles, Unit No.1, Khewat, Khata No. 373/400 Mustatil No. 31, Village: Taoru, Tehsil Taoru, Dist: Mewat, On Bilaspur Taoru Road, Mewat, Haryana, 122 105.
3.The Manager, Customer Care, 5F, 7th. Main, Ist. Block, Koramangala, Bangalore, 560034, State:Karnataka.
4.The Manager, Oppo Mobiles India Pvt. Ltd., A 154- B, Sector-63, Phase-3, Noida, Utter Pradesh State. 201 306.
5.The Manager, Oppo Mobiles India Pvt. Ltd., F-16, Okhla Industrial Area, Phase-1,New Delhi-110020
6.The Manager, Oppo Mobiles India Pvt. Ltd., Plot No.1, Udyog Vihar, Greater Noida,Gautam Budha Nagar, Utterpradesh- 201306.
7.The Manager, Customer Care , Oppo mobiles India Pvt. Ltd., 5th. floor, Tower-B, Building No.8,DLF Cyber city Gurgaon, Haryana- 122002.
8.The Manager, One plus exclusive Service Centre, Hira Building, Municipal No. New 213 (Old #5), Ward No.76, Richmond Town, Brigade Road, Bangalore- 560001. …Opposite parties.
For the complainant:- Self.
For the O.P. No.1:- Sri J.K.Mohapatra, Advocate, Rayagada(Odisha)
For the O.Ps 2 to 8 :- Self.
JUDGEMENT.
The crux of the case is that the above named complainant alleging deficiency in service against afore mentioned O.Ps for non replacement of defective One plus mobile set which was found defective during the warranty period for which the complainant sought for redressal of the grievances raised by the complainant.
Upon Notice, the O.P No.1 put in their appearance and filed written version through their learned counsel Sri J.K.Mohapatra in which they refuting allegation made against them. The O.P No.1 taking one and another pleas in the written version sought to dismiss the complaint as it is not maintainable under the C.P. Act, 1986. The facts which are not specifically admitted may be treated as denial of the O.P No.1. Hence the O.Ps No.1 prays the forum to dismiss the case against them to meet the ends of justice
The complainant in person appeared before the forum and filed memo stating that he has received a new One plus mobile set from the O.Ps and does not want to proceed the case further for the best interest of justice. However in the memo the complainant submits that the O.Ps till date have not sent any papers towards the replace new mobile set and prays the forum direct the O.Ps to send the papers to the complainant.
The O.Ps considering the exigencies of the matter with out any basis in the right time properly settled the disputes at his end to avoid further litigation by over looking all the deficiencies without contesting the present case in the sense of humanitarian point of view by following the principles of natural justice in view of justice as contemplated the Modos Operandi of the O.Ps no doubt worthy of credence.
This forum perused the memo filed by the complainant as well as the O.Ps. Memo is allowed.
Accordingly the present dispute mitigated and the case stands disposed and but O.Ps wriggled out of liabilities & the case closed against them as the complainant does not want to proceed with the case further against the O.Ps after received new mobile set. Parties are left to bear their own cost.
Dictated and corrected by me
Pronounced on this 25 th. Day of September, 2020.
Member. Member. President
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