Orissa

Jharsuguda

CC/31/2015

Mr,Ajit Yadav - Complainant(s)

Versus

The Managing Director Sony India pvt.Ltd - Opp.Party(s)

Self

20 Jul 2015

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO. 31 OF 2015

 

 

Ajit Yadav,

R/O: Qr. No. C-27,MCL Colony,

AT/PO- Bandhbahal,

PS: Banharpali,

Dist: Jharsuguda,Odisha……………………….........…………………Complainant.  

                                           

Versus

 

1. The managing Director,

Sony India Pvt. Ltd.,

A-31, Mohan Co-operative, Industrial Estate,

Mathura Road, New Delhi- 110 044.

 

2. The Proprietor,

Sri Balaji Traders,

Main Road, Jharsuguda,

PS/ Dist: Jharsuguda, Odisha.…………………...............….…...Opp. Parties.

 

Counsel for the Parties:-

For the Complainant                                   Self.

For the Opp. Parties                                    None (Ex-parte).

 

Date of Order: 20.07.2015

 

Present

 

                                                                                    1. Shri S.L.Behera, President.

                                                                                   2. Shri S.K. Ojha, Sr. Member.

                                                                                  3. Smt. A. Nanda, Member.

 

Shri S. K. Ojha, Sr. Member: - This is the case filed by the complainant against the O.Ps. as the Smart phone which he has purchased for his very purpose, started defects very soon from the date of purchasing which could not be rectified till date.

 

The brief facts of the complainant’s case is that, the complainant purchased one Sony Xperia-Z-Ultra Smart Phone on dtd. 01.03.2014 from the O.P.No.2 by paying Rs.42,300/- only against which the O.P.No.2 issued Money Receipt.  The said Smart phone started defects in screen, hanging problem etc. The complainant submitted the same to one authorized service centre two times i.e. on dtd. 23.07.2014 and dtd. 13.10.2014 but till date the said defects could not be solved by the O.Ps., hence this case.

On receiving notices the O.P.No.1 just filed a petition through his Service Engineer, Bhubaneswar on the ground to solve the problem within a month but without having any authorization letter or V. Nama.  The O.P.No.2 neither appeared nor filed written version even after serving notices, duly served.  Both the parties stand ex-parte even after providing sufficient opportunities.

Heard the matter from the complainant and gone through the materials available on record.  The complainant purchased one Sony Xperia-Z-Ultra Smart Phone having Model No. C-6802 Z-Ultra Black, IMEI No. 357656050211463  along with charger No. 3413W25415322 on dtd. 01.03.2014 from the O.P.No.2 (dealer of mobile phones)  by paying Rs.42,300/- only. After three months from the date of purchase the said smart phone started occurring problems on the different parts of device such as screen bent, hanging permanently, the screen is not set in the center vis-à-vis the outer shell the screen seems.  The complainant deposited his said device before one authorized service centre at Fortune, Pradhan Towers, 5, Main Road, Ranchi, Jharkhand twice for the said problems i.e on dtd. 23.07.2014 having ticket ID-20760301364 and on dtd. 13.10.2014 having ticket ID-14101304509.  The said authorized centre also recognized the said problems in their job sheets issued to the complainant but the said device has not been repaired or delivered to the complainant till date except assurance to provide either the repaired defect free device or a new one.  The complainant rushed several times to the said authorized centre at Ranchi, Jharkhand but no result has come out. The complainant made contacts with the Customer Relations of the O.P.No.1 several times but got nothing except assurances. The complainant has filed an affidavit in shape of evidence in support of his case along with filed print outs of several communications held through e-mail with one Meena  Bose, Customer Relations- Corporate Office, New Delhi on behalf of Sony India Pvt. Ltd.  Subsequently one Service Engineer, Bhubaneswar on behalf of the said Sony India Pvt. Ltd. has also assured to solve the problem but failed to do so. Both the O.Ps remained silent in this case it reveals that they have nothing to say in this case.

 

The complainant being convinced with such advanced features of the said smart phone has purchased by paying a handsome amount of Rs.42,300/- only believing on the Sony Brand and company but ultimately no result has come out after arising of problems, as such the complainant sustained huge loss or can say he could not fulfilled the purposes for which he has purchased such an expensive smart phone.  

 

 

As per the above mentioned activities performed by the O.P.No.1 (company) so also the observations and analysis, the O.P.No.1 is found to be commitment of clear deficiency in service on his part, hence in the limelight we are in considered opinion to allow the complaint petition by directing the O.P.No.1 in the form of order as follows:-

 

 

ORDER

 

The O.P.No.1(Sony India Pvt. Ltd., New Delhi) is hereby directed to refund Rs.42,300/- (Rupees forty two thousand three hundred) only towards the price of the said Smart Phone or give a defect free new Smart Phone of latest model having the same price to the complainant along with pay a sum of Rs.7,000/- (Rupees seven thousand) only towards harassment, mental agony including litigation cost within 30 (thirty) 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 above mentioned awarded amounts till realization.  

 

   Accordingly the case is disposed of.

Order pronounced in the open court today the 20^th   day of July’ 2015 and copy of this order shall be supplied to the parties as per rule.

                                                           I Agree.                              I Agree,                                                                                                    

                                         

                                    A.Nanda, Member (W)              S. L. Behera President            S.K.Ojha, Sr.Member       

                

                                         Dictated and corrected by me

 

                                              S.K.Ojha, Sr.Member