Orissa

Cuttak

CC/128/2016

Eeshani Padmaja - Complainant(s)

Versus

The Managing Director,Panasonic Head Office - Opp.Party(s)

M Panda

05 Aug 2017

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.128/2016

Eeshani Padmaja,

Res. of Gopaljew Lane,

Choudhury Bazar,PO:Buxibazar,

P.S:Purighat,Town/Dist:Cuttack.                                                  .… Complainant.

 

Vrs.

1.       The  Managing Director,

Panazonic Head Office, First Floor,

ABW Tower,IFFCO Chowk,Sec-25,

Gurugaon-12001,Haryana(India).

 

2.        M/s. Mobile India(Authorized Dealer),

       At:Darghabazar,PO:Buxibazar,

       P.S:Darghabazar,Town/Dist:Cuttack.                                            … Opp. Parties.

 

Present:               Sri Dhruba Charan Barik,President.

Sri Bichitrananda Tripathy, Member.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:    07.10.2016

Date of Order:  05.082017

 

For the complainant  :    Mrs. M.Panda,Adv. & Associates.

For the O.Ps.                :   None.

 

Smt. Sarmistha Nath,Member(W).

 

                The complainant being a consumer has filed this complaint before this Forum against the O.ps for Redressal of his grievances under the Consumer Protection Act,1986(Act in short) in terms of his prayer made in the complaint petition.  The allegation made in the complaint is with regard to defects in the goods purchased by her and deficiency in service provided and unfair trade practice adopted by the O.Ps.

1. Case of the complainant in brief is that on 30.8.2015 the complainant has purchased one Panasonic NOVA-55 Smart Phone IMET No.352112070880148, bearing receipt no.4279  at the cost of Rs.9000/-(rupees nine thousand) only.  Xerox copy of the bill is annexure-1.  The smart phone started giving problem from First week of August,2016.  As the complainant is a student and is staying at Hostel, she dispatched notice/letter through ordinary post to the O.P on 12.8.2016.  The complainant also submitted a representation to the Consumer Forum on 25.09.2016.(Annexure-2).  Within the warranty period, the complainant has brought this fact to the notice of the O.P by letter dt.12.08.2016 and 22.08.2016 stating about the manufacturing defects and requesting to resolve the problem but the O.Ps remained silent.  Finding no other way, the complainant has taken shelter of this Forum.  She has prayed to direct the O.P to exchange the hand set with a new one, to pay compensation worth Rs.1,00,000/- towards mental agony and harassment and Rs.50,000/- towards litigation expenses.
2. The O.Ps neither appeared nor filed their written version in spite of receipt of notice.
3. We have heard the complaint at length and went through the documents and papers filed by the complainant.  It is found that the complainant has purchased the set and when defect was detected she has intimated the O.Ps but they neither co-operates nor responded.  The O.ps did not participate in the hearing nor submitted any written version even after receiving the notice from this Hon’ble forum and also in spite of several chances were given to them for which we are compelled to accept the uncontroverted complaint of the complainant.
4. Basing on the facts and circumstances as stated above, the O.Ps are found deficient in rendering service which amounts to deficiency in service on their part.

ORDER

The O.Ps are directed to replace the defective mobile set by a new one of same quality.  The O.Ps will also to pay compensation of Rs.5,000/- towards mental agony and a sum of Rs.2000/- towards litigation cost to the complainant within a period of one month from the date of receipt of copy of this order.

                Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 5^th   day of August,2017  under the seal and signature of this Forum.

        ( Smt. Sarmistha Nath )

                               Member (W)                                                                                                                                                                                                                                                                                                                                                                   (Sri D.C.Barik)

                                                                                                                  President.

                                                                                                           (Sri B.N.Tripathy )

                                                                                                                  Member