MR RAMSANKAR NAYAK, MEMBER … The factual matrix of case is that, the complainant had purchased a mobile, Samsung Model J-2 bearing its IMEI No.353278/08/058508/1 on dated 09.09.2016 from the OP.no.1 for Rs.7,600/-. But after 03 months of it’s use the mobile reported hang, overheating, display & keypad problems etc. So the complainant approached the authorized service center OP.2 through OP.1 for its repair on dt.22.11.16 but the OP.2 demanded Rs.250/- from the complainant and issued a job sheet to that effect dt.22.11.2016 but could not mend the set well. Hence the complainant further approached the OP No.3 on dt.05.12.16 & on dt.16.01.17 requesting to repair/replace the set but he could not well repaired the set and assured to refund the price of the set through OP.4 but for no use. Hence the Complainant inflicting great mental strain, physical pain and financial losses craves the leave of this forum and prayed to direct the OP.s to pay the price of alleged handset and a sum of Rs.50,000/- as compensation and Rs.5,000/- as cost of litigation & Rs.250/- as repair cost for such unfair practice, arbitrary action, highhandedness and deficiency in service on the part of OP.s. The counsel for complainant has filed copy of some annexure as per his list of document along with supportive affidavit.
2. The OP.1 appeared and filed his counter to contend that, he being a retailer of the mobile set immediately received the set from the complainant and handover the same to the OP.2 for rectification. As he is not empowered for service of mobile set, he prayed to drop the case against him in the ends of justice.
3. The counsel for OP.No.4 entered his appearance and filed his counter in the case and averred that, the case is not maintainable as the complainant approached this forum not with clean hands. The contentions of complainant are self explanatory, false & frivolous and the complainant should put the same with strict proof. The complainant is not a consumer as the instant dispute is not a consumer dispute. He further contends that there is no deficiency in service by the OP.1, so prayed to dismiss the case with cost.
4. The OP.No.1, counsel for OP.4 & the complainant heard the case minutely. The complainant has filed copy of some documents. Considered.
5. From the above submissions, it reveals that the complainant has procured the mobile in question on dt.09.09.2016 and the same reported defect within 03 months of purchase i.e. within valid warranty period. It is seen that, the complainant time and again approached the OP.s reporting the so called defects supra, but the OP.s neither rectified the set nor replaced it with a new one despite of several requests. Perusing the evidences, submissions by the complainant, we are of the view that, the mobile set purchased by the complainant has inherent defect and the OP.s failed to render any satisfactory service to the complainant within warranty period. Thus the complainant suffered from mental agony with the defective set, and also inflicted financial losses and valuable times due to the negligence and unfair practices of OP.s, hence he craves the leave of this forum and prayed for compensatory relief.
6. From the above discussions and perusing the submissions filed by the complainant, it is noticed that, the OP.No.4 being the head office prior to receiving notice of this forum are failed to take any actions to settle the matter of complainant and there is nothing to reject the contentions of complainant. Despite service of notice of this forum, the OP.4 neither rectified the set through their service care nor refunds the price of the set. Hence we feel that the action of OP.4 is illegal, highhanded, arbitrary and unfair which amounts to deficiency in service and found guilty under the provisions of the C.P.Act 1986, hence the complainant is lawfully entitled for relief. Thus the complaint is allowed against OP.no.4 with costs.
ORDER
i. The opposite party no.4 supra is hereby directed to pay the price of the set Rs.7,600/- (Rupees Seven thousand & Six hundred) inter alia, to pay Rs.5,000/-(Five thousand) as compensation and a sum of Rs.2000/-(Two thousand) towards the cost of litigation to the complainant in place of the defective mobile set.
ii. All the above directions shall be complied with in 30 days of this order, failing which, the total sum will bear 12% interest per annum till its realization. Pronounced on this the 18th day of May' 2017.
MEMBER MEMBER, DCDRF,
NABARANGPUR.
Date of Preparation:
Date of dispatch :
Date of received by
the A/A for Ops / Complainant :
Initial of the dispatcher.
