: FINAL ORDER :
DATE OF FILING: 31.03.17
ORDER No. 50
DATE. 20.09.2017
Shri Asoke Kumar Das – President
The case record is placed before us for Final Order of this case. Perused the case record and the documents filed by the complainant. We have heard submission of the complainant in full on the previous date.
Complainant’s case in short is that on 24.05.2015 he purchased one Intex mobile handset being model No. Aqua N7 from Kalyani Market on payment of Rs. 4040/-. That mobile set stopped working in internet section. He deposited the said handset to Intex care, Mobile Solution at Barrackpur on 01.04.2016 for repair as per advice of the seller. But Intex Care returned back the handset on 04.08.2016 without repairing saying that they have no relation with Intex. Thereafter, the complainant visited the office of Service Manger at Kolkata and as per their advice he gave the handset to Intex Technologies (India ) Ltd. for repair on 19.08.2016. But at the time of delivery of the handset Intex Technologies (India) Ltd. verbally claimed Rs. 3,350/- but the complainant opposed and for this they did not deliver the handset to the complainant. On 02.12.2016 the complainant wrote letter to the Manager, Intex Technologies (India) Ltd. and the Senior Manger, Intex Mobile at Kolkata intimating the said fact, but they gave no reply. On 03.01.2017 the complainant reported the matter to A.D., CA&FBP, Nadia but no fruitful result came out. Hence this case.
The complainant has prayed for order for refund of price (Rs. 4040/-) of this said mobile handset in the alternative a new handset of same price, compensation of Rs. 5000/- for his mental agony and harassment, Rs. 1000/- for his conveyance and stationery cost and Rs. 10,000/- for hurting his belief in dignity of legal Authority.
Notice was sent to OPs by this Forum after admission of the case but OPs did not turn up to contest the case despite service of notice. Hence, the case was heard exparte.
POINTS FOR CONSIDERATION
- Is the case maintainable?
- Is the complainant a consumer?
- Are the OPs liable for deficiency in service and or unfair trade practice as alleged?
- Is the complainant entitled to get the reliefs as prayed for?
DECISION WITH REASONS
All points are taken up together for consideration and decision.
Now, after due consideration of the petition of complaint and its annexures, entire materials on record and the submission of the complainant on the date of hearing of the case, we find sufficient reason to hold that the case is well maintainable in the technical point of view and that the complainant is a consumer. We further find and hold that the complainant has proved his case of deficiency in service and / or unfair trade practice against Intex Technologies (India) Ltd. by his unchallenged statements as made in his petition of complaint and that is supported by affidavit, and the documents filed by him (Annexure, 1 to 8). Hence, the complainant is entitled to get the reliefs specified below. All points are disposed off.
Hence it is,
Ordered,
That the case/application is allowed ex parte with litigation cost of Rs. 1000/-. The OPs 1 to 4 are hereby directed to refund of Rs. 4040/- (price of the mobile hand set) to the complainant and to pay him Rs. 3,000/- towards compensation for his mental pain and agony, harassment, conveyance and stations cost etc. and the said litigation cost of Rs.1000/- within 30 days from the date of this order failing which the complainant shall be at liberty to realize the same as per provision of Consumer Protection Act, 1986 and the OPs shall have to pay Rs. 50/- to the complainant for each days delay of entire payment to the complainant.
Let plain copy of this final order be supplied to the parties / their Ld. Advocates / agents forthwith free of cost or send by ordinary post.
