Orissa

Cuttak

CC/116/2015

Arupananda Goswamy - Complainant(s)

Versus

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

P K Padhi

11 Jul 2016

ORDER

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

C.C No.116/2015

 

Sri Arupananda Goswamy,

S/O:Nigamananda Goswamy,

Qr. No.D/1/1.Old LIC Colony,

Badambadi,Cuttack.                                                               … Complainant.

 

Vrs.

1. The Managing Director,

Sony India Pvt. Ltd., A-32, Mohan Co-operative

Industrial Estate,Mathura Road,New Delhi-110044.

 

2. The Mobile Store,College Square,

Cuttack-753003..

 

3. Shreejal Services,

Sony Authorised Service Centre,

Sriram Nagar,Near F.M Complex,

Badambadi,Cuttack.                                                                         … Opp. Parties.

 

Present:               Sri Bichitra Nanda Tripathy,Presiding Member.

Smt. Sarmistha Nath, Member.

 

Date of filing: 04.11.2015

Date of Order: 11.07.2016

 

Mr. Bichitra Nanda Tripathy,Presiding Member.

 

                This is a dispute wherein the complainant has alleged deficiency in service and also unfair trade practice on the part of the O.Ps.

1. The complaint in short is that Sri Arupananda Goswamy purchased one Sony Xperia T2  mobile hand set on 5.12.2014 from The Mobile Store,College Square,Cuttack-753003(O.P.2) on payment of Rs.25,799/-.  The said hand set was with one year warranty.    IT is alleged that the mobile set gave some problem for which it was given to M/s. Shreejal Services, Sriram Nagar,Cuttack (authorized service centre of SONY) on 04.05.2015 for repair.  It was again given for repair on 2.7.2015 to M/s. Shreejal Services but not repaired to the satisfaction of the complainant. A notice was also served on O.P.1 & 3 giving details of the problems relating to the said mobile hand set on 08.07.2015 by the complainant under intimation to O.P.2, but it yielded no result.  Hence the complainant, finding no other way, has taken shelter under this Hon’ble Forum.  He has prayed to get back the cost of the mobile set i.e. Rs.25,799/- and Rs.35,000/- as compensation towards mental agony, harassment and cost.
2. In the present case though several opportunities have been given to O.Ps they neither appeared nor contested the dispute.   In such a situation we are constrained to accept the statement of the complainant as uncontroverted and also presume that the O.Ps have nothing to say further on the matter in their defence. 

In view of the observations of appellant Forum as stated below:

1. 2003-CLT-Vol-96-P-15-Para-4, C.D No.37/2002.

“Absence of written version – Commission is bound to accept the uncontroverted statement made in the complaint.”

2. 2013(1) C.P.R-507(N.C).

“In case written version not filed after several opportunities, it has no defence on merit.”

     Basing on the above noted facts and circumstances, the complainant’s allegation against the O.Ps appears to be correct and we allow the dispute against O.Ps1,2 & 3. 

In view of the observation of the Hon’ble State Commission reported in 2005-CTJ-896, Chandigarh-Raj Han’s Studio Vrs. Kishanlal & another wherein it was held that-

“Defect-mobile hand set- Consumer Protection Act,1986,Section2(i)(f)-Dist. Forum held both the dealer and manufacturer conjointly liable and directed for making refund of the price charged from the complainant Appeal dismissed in limini.”

Hence O.P.1 is also liable.

                                                                               ORDER

        The dispute allowed against O.Ps.  O.P.2 is directed to refund the cost of the mobile hand set amounting to Rs.25,799/-(Rupees twenty-five thousand seven hundred and ninety nine only).  O.P No.2 is also directed to pay Rs.8,000/-(Rupees eight thousand only) towards compensation(including cost of litigation).  Out of this compensation amount of Rs.8,000/-, Rs.6,000/- will be recovered by O.P.2 from O.P.1.  O.P.1 is also directed to ensure that the service centers of the company are providing proper and prompt service to the customers in the long-run.  Sri Arupananda Goswamy, complainant will return the defective mobile set to O.P.2 before receiving the money.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 11^th    day of July, 2016 under the seal and signature of this Forum.

                        (Sri B.N.Tripathy )

                                                                                                                                       Presiding Member.

 

 

                                                                                                                                            (Smt. Sarmistha Nath) 

                                                                                                                                    Member(W).