Miss Dharitri Kumar filed a consumer case on 31 May 2023 against The Manager, Ms OPPO Mobiles India Pvt Ltd., in the Rayagada Consumer Court. The case no is CC/48/2022 and the judgment uploaded on 26 Jul 2023.
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION RAYAGADA, ODISHA.
Date of Institution: 08.09.2022
Date of Final Hearing: 18.05.2023
Date of Pronouncement: 31.05.2023
CONSUMER COMPLAINT NO.48 / 2022
Miss. Dharitri Kumar,
D/O: Late RajendraKumar,At:Kalahandipada,
Po:J.K.Pur,
Post/Dist: Rayagada, (Odisha) 765 017.
(Through Sri Sunil Nayak, Advocate for the Complainant) …Complainant
Versus
1.The Manager, M/S. Oppo mobiles India Pvt. Ltd. Plot No.1, Sector Ecotech-Vii, Grater Noida- 201 306, State:Utterpradesh.
2.The Care Manager, M/S. Oppo Mobiles India Pvt. Ltd. 5th. Floor,Tower B, Building No.8, DLF Cyber, At/Po:Gurgaon, Hariyana- 122002.
3.SriRudra Narayana Mohapatra, Propritor, M/S. Mobile World, Hotel Kapilas Road, Near ADB State Bank, Rayagada.
(None for the O.Ps. ). … Opposite Parties
Present: 1. Sri Rajendra Kumar Panda, President.
ORDER U/S- 39 R/W 64 OF THE C.P.ACT,2019
Sri Rajendra Kumar Panda, President |
Brief facts of the case:-
Case in hand is the allegation of deficiency in service and unfair trade practice by the O.Ps for non refund of Rs. 34,010/- towards mobile price which was found defective within warranty period due to defective within warranty period and the service centre of the O.P had not given proper service which the complainant sought redressal.
The Back ground facts in a nutshell are that the complainant had purchased a mobile set i.e. Oppo Reno 6 – 5G IMEI Sl. No.865924059431853 from the O.P. No.3 (Retailer) on Dtd.02.11.2021 on payment of consideration an amount a sum of Rs.34,010/-. During the warranty period the above set was found defective. Further service centre of the O.P was not given proper service for functioning of the above mobile set. Due to lack of service of the service centre the complainant moved the matter to the O.Ps for replacement or refund of the price of the above product. But the O.Ps had paid deaf ear to the genuine complaint. Hence, the complainant finding no option approached this Commission to get relief praying directing the O.Ps to refund the price of the mobile set a sum of Rs. 34,010/-with interest and compensation. Hence this complaint.
The O.Ps were not appeared though notices has been duly served resultant made exparte.
Heard the learned counsel for the complainant. Perused the record, affidavit and other documents filed the complainant.
Basing on the pleadings of the complainant, this commission framed the following issues for determination.
ISSUES:-
.Issue No.1.
As per Section 2(7)(I) & (ii) of C.P. Act, 2019 a person can be deemed to be a consumer when he hires or avails of any services for consideration which has been paid or promised to be paid. In the instant case the complainant had purchased the mobile set from the O.P. No.3 on payment of consideration of Rs.34,010/- on Dated. 02.11.2021 for which the O.Ps issued Tax Invoice in favour of the complainant marked as Annexure-I. Therefore the complainant falls within the definition of consumer.
Accordingly issue No. 1 is answered.
Issue No.2& 3 .
These two issues invite common discussion and hence they are being taken up together.
This commission perused the documents filed by the complainant and it proves that the complainant has purchased a mobile set from O.P.No.3 under the direct control by O.P. 1 & 2. When the above set was found defective, the O.Ps service centre has to remove the defects as ensured during selling their products failed to provide service which is clear deficiency in service on the part of the O.Ps.
At this stage this commission hold that if the above product require service immediately after its purchase then it can be presumed that it is manufacturing defect and if a defective product is supplied , the consumer is entitled to get refund of the price of the product/article or to replace a new one and the consumer is entitled and has a right to claim compensation and cost to meet his mental agony, financial loss.
In the instant case as it appears that the above product which was purchased by the complainant had developed defects immediately after its purchase and the O.Ps were unable to restore its normal functioning during the warranty period.
Record proves that the complainant invested a substantial amount and had purchased above product with an expectation to have the effective benefit of use of the product, but in this case the complainant was deprived of getting beneficial use of the product and deprived of in using the above set as the defects were not removed by the O.Ps.
Hence it is ordered.
ORDER.
The O.Ps No.1 & 2 are directed to return back the defective product from the complainant inter alia to refund price of Rs.34,010/- for the mobile set besides Rs.5,000/- towards mental agony including litigation expenses to the complainant.
The O.P. No. 3 (Retailer) is ordered to refer the matter to the O.P. No. 1 &2 (Manufacturer) for early compliance of the above order.
The entire directions shall be carried out with in 45 days from the date of receipt of this order, failing which further Rs.15,000/- shall bear by the O.Ps jointly and severaly.
Miscellaneous order if any delivered by this commission relating to this case stands vacated.
Pronounced in the open court of this Commission today on this 31st. Day of May, 2023 under the seal & signature of this Commission.
Dictated and corrected by me.
PRESIDENT
A copy of this order be provided to all the parties at free of cost as mandated by the Consumer Protection Act, 2019 or they may download same from the confonet.nic.in to treat the same as if copy of order received from this Commission.
The judgment be uploaded forthwith on the website of the Commission for the perusal of the parties.
File be consigned to the record room along with a copy of this Judgment.
PRESIDENT
PRONOUNCED ON Dated.31.05.2023
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