Orissa

Rayagada

CC/57/2017

Ranjit Bisoi - Complainant(s)

Versus

The Manager, Health AMP Happines Ltd - Opp.Party(s)

Self

08 May 2018

ORDER

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA,

STATE:  ODISHA.

C.C. Case  No. 57/ 2017.                                          Date.      8 .    05    . 2018.

P R E S E N T .

Dr. Aswini  Kumar Mohapatra,                                      President

Sri GadadharaSahu,                                                          Member.

Smt.PadmalayaMishra,.                                                  Member

Sri Ranjit Bisoi,  At: Raniguda Farm, Near L& T office,  Po/ Dist:Rayagada, State:  Odisha.                                                                                                 …….Complainant

Vrs.

1.The Manager, Health amp, Happiness Pvt.Ltd., Ware house Address:SND Ware house, Shed No. C1 Door No. 4/195, Redhills-Ambattur Road, Puzhal Village-600062. Chennai, Tamilnadu,                                       

2.The Manager,  Regd. Office  Health  amp: Hapiness Private Ltd., N-226, Lower GF, Greater Kailash, New Delhi- 110048.

3.The Manager,  Hare Agency Authorised Service centre, Motorla & Lenovo Co. Singh Plaza, Besides Kedarson, B.K.Road,  Dolamundai, Cuttack- 753 001.

4. The Manager, Service centre, 138-Hara Agency, Cuttack, Singh Plaza, Besides Kedarson, B.K.Road,  Dolamundai, Cuttack- 753 001.

5.The Manager, Motorola Mobility India Private Limited is situated at 12^th. Floor, Tower-D, DLF cyber Greens, DLF Cyber City, Gurgaon, Haryana- 122002

                                                                             Opposite parties.

For the Complainant:- Self.

For the O.Ps:- Set exparte.

JUDGMENT

       The  curx of the case is that  the above named complainant alleging deficiency in service  against  afore mentioned O.Ps for  non refund of  mobile price within warranty period for which  the complainant  sought for redressal of the grievances raised by the complainant.

On being noticed  the O.Ps neither entering in to appear before the forum nor filed their  written version inspite of more than  7 adjournments has been given  to them. Complainant consequently filed his memo and prayer to set exparte of the O.Ps.  Observing lapses of around 1 year  for which the objectives  of the legislature of the C.P. Act going to be destroyed to the prejudice of the interest of the complainant.  Hence after hearing  the  counsel for the complainant set the case  exparte against the O.Ps. The action of the O.Ps is against the principles of  natural justice as envisaged  under section  13(2) (b)(ii) of the Act. Hence the O.P. set exparte  as the statutory period  for filing of  written version was over to close the case with in the time frame permitted by the C.P. Act.

          We therefore constrained to  proceed to dispose of the case, on its merit. 

          Heard from the complainant.  

          We perused the complaint petition and the document filed by the complainant.

         FINDINGS.

From the records it reveals that, there is no dispute that the  complainant had purchased a mobile set Model No. Motorola XT-165003 Retail WHT, IN-DS- 64 GB style cap  inter alia IMEI No.354110071094899 from the O.P. No.1    by paying a sum of Rs. 39,999/-  with Invoice No. #FOYQK03017-00056996  dt. 09.12.2016  with  one year warranty. But unfortunately after  some  months  of its purchase  the above  set found defective and not functioning  i.e. such as Set over heat,   contacts and apps open slow and not  functioning with  other problems. The complainant complained the O.Ps  for necessary repair in turn the OPs paid deaf ear.   The complainant further approached the O.Ps for return the money which he spent but for no use.

 

                From the records it is seen that, the complainant has filed Xerox copy of purchase bill which is marked as Annexure-I.  Hence it is abundantly clear that, the complainant had purchased the above set from the O.P.

                This forum further observed  when the complainant  found defective of  the above mobile he immediately  approached the   O.P. No. 3 (Service Centre) on Dt. 20.3.2017 and  O.P. No.4 (Service centre ) on Dt. 28.3.2017  (copies of the  service record  is in the file marked as Annexure-2 & 3). The complainant  argued  during the  course of hearing that  inspite of  repeated  approaches to the  O.Ps no action has been taken  for replace or refund the  mobile price.

                On examining the whole transactions, it is pertinent to mention here that, there is One year valid warranty for the alleged above set and the defect arose with in some month of use. As the OPs deliberately lingering to file their written version or any other documents after lapses of above 1(One) year, and observing the present situation, and nothing adversary to the complainant as adduced by the OP, the forum relying on the version of the complainant is of the view that, the alleged  set has inherent defect and there is vivid deficiency in service by the OPs declining to redress the grievances of his consumers i.e.  the  present complainant, hence the complainant is entitled to get the price of the said set or a new same set instead of the defective one along with such substantial compensation for all such harassment having been impounded with mental agony and deprivation of the use for the same  for long time  . We found there is deficiency in service by the OPs and the complainant is entitled to get relief.

                On appreciation of the evidences adduce before it, the forum is inclined to allow the complaint against the OPs.

                                                                              

 

                                                                                                O R D E R

                In  resultant the complaint petition  stands allowed  in part  on exparte against the O.Ps.

                The O.Ps. 1,2,5 directed to return back the defective product from the complainant  by paying the price of the  above mobile set  a sum of Rs. 39,999/- besides to pay an amount of Rs.1,000/- towards cost of  litigation .  

          The O.Ps 3 & 4  are directed to refer the matter to the O.Ps 1,2,5 for early compliance  of the above order.  

                The entire directions shall be carried out with in 30 days from the  date of receipt   of this order.

Service the copies of the order to the parties free of cost.

Dictated and corrected by me

Pronounced on this    8th.  day of   May, 2018.

 

 

MEMBER                                                                              MEMBER                                                    PRESIDENT