DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO. 66 OF 2014
Santosh Kumar Goudo, (26 Yrs.),
S/O: Tripati Goudo,
R/O: Vedanta Medows, Nagavali Crusher,
Flat No. N.G-707,Sunarimunda, Jharsuguda,
PS/ Dist- Jharsuguda, Odisha…………………………..……..………. Complainant.
Versus
- The Manager,
Blackberry Customer Services
Ingram Micro India ltd.
Unit No. 62, Ground Floor,
Akruti Corporate Park, LBS Marg Kunjurmarg (W),
Mumbai- 400 078.
- Sprimon Technologies,
Bhattarika Complex Ground Floor,
Infront of Sakshi Hanloom, Near ICICI Bank,
Sambalpur- 768 004………....……………................................ Opp. Parties.
Counsel for the Parties:-
For the Complainant Shri Manoj Parua,Adv.
For the Opp. Parties Self ( Ex-parte).
Date of Order: 18.12.2014
Present
1. Shri S.L. Behera,
2. Shri S.K. Ojha, Sr. Member.
3. Smt. A. Nanda, Member(W).
Shri S. K. Ojha, Sr. Member: - The complainant’s case in brief is that, he had purchased one Blackberry mobile hand set (Z-10 Black) by paying Rs.17,990/- only through “ infibeam.com” and received the same on dtd. 20.04.2014. Within 07 days of purchasing the said mobile hand set started occurring problem about which the complainant informed to the mobile hand set company from where he was informed to contact with the nearest service center at Sambalpur. The complainant took the said mobile hand set to the O.P.No.2 for repairing where the O.P.No.2 forwarded to the O.P.No.1( Customer Complaint Section) but till date the complainant has not received his said mobile hand set, hence this case.
Being noticed, the O.Ps. neither appeared nor filed his written version and even after providing sufficient opportunities, the O.Ps. set ex-parte ultimately.
Perused the complaint petition along with available documents, it is found that the complainant has purchased one blackberry mobile hand set through online from one “infibeam.com” by paying Rs. 17,990/- only. After being problem occurred the complainant brought the said defected mobile hand set (which was under the warranty period) before the O.P.No.2 on dtd. 10.07.2014. The O.P.No.2 forwarded the said defected hand set to the O.P.No.1 where he was assured to return on expected dt. 01.08.2014 but till date the complainant has not received his said mobile hand set even after repeated contacting with the O.Ps. The O.P.No.1 also assured through email to solve the problem very soon but till date he also failed to do so.
Mobile hand set started defecting within the period of warranty, properly informed and submitted by the complainant to the O.Ps., providing assurance to give a defect free mobile by the O.Ps and not responding thereon is nothing but commitment of the clear deficiency in service on the part of O.Ps.
Hence, we are in considered opinion to allow the complaint petition by directing the O.P.No.1 to return one new defect free mobile hand set of the same brand and of same model or refund Rs.17,990/- ( Rupees seventeen thousand nine hundred ninety) only to the complainant along with pay a sum of Rs.3,000/- ( Rupees three thousand) only towards harassment mental agony and cost of the case within 60 ( sixty) days from the date of receipt of this order, failing which the O.P.No.1 shall be liable for interest @ 10% per annum on the abovementioned awarded amounts till realization.
Accordingly the case is disposed of.
Order pronounced in the open court today on this the 18th day of December 2014, copy of this order shall be communicated to the parties as per Rule.
I Agree. I Agree.
Sd/-A.Nanda, Member (W) Sd/- S.L.Behera, President Sd/- S. K. Ojha, Sr.Member
Dictated and corrected by me.
Sd/- S. K. Ojha, Sr. Member
