Orissa

Cuttak

CC/12/2017

Saswati Acharya - Complainant(s)

Versus

The Propriertor,Mobile India - Opp.Party(s)

B P Bal

24 Jun 2017

ORDER

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

                                                                                   C.C No.12/2017

 

Saswati Acharya,

At:Municipal Qt. No.2R/3,

Jagannath Lane,P.S:badambadi,

Dist:Cuttack.                                                                            … Complainant.

 

                Vrs.

 

1.        The Proprietor,

MOBILE INDI,

At:Nayasarak,Cuttack,Odisha.

 

2.        The Branch Head,

M/s. Mobile Care(Micromax Authorise Service Center),

Shopping Unit No.92,1^st Floor,NSCB Arcade,

Big Bazar,Daragha Bazar,

Cuttack,Odisha.

 

3.        The Managing Director-cum-Chairman,

YU Televentures Pvt. Ltd.(Unit of Micromax Co.Ltd.,),

Plot No.21/14,Block-A,

Naraina Industrial Area,

Phase-2,New Delhi-110028.                                                    … Opp. Parties.

 

 

Present:               Sri Dhruba Charan Barik,LL.B. President.

Sri Bichitra Nanda Tripathy, Member.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:     30.01.2017

Date of Order:   24.06.2017

 

For the complainant:      Sri B.P.Bal,Adv. & Associates.

For Opp.Parties 1 & 2 :   Mr. B.M.Mohapatra,Adv. & Associates.

For the O.P No.3:             Sri D.Sethi,Adv. & Associates.

Sri Dhruba Charan Barik,President.

                The complainant having attributed deficiency in service and unfair trade practice to the O.Ps, has filed this complaint against them seeking appropriate relief in terms of his prayer in the complaint petition.

1. Case of the complainant briefly stated is that she had purchased a mobile hand set vide Model No.Yunique-YU4711 (Unit of Micromax Co. Ltd.) from O.P. No.1 for consideration of Rs.6,500/- on 13.01.2016.  Annexure-1 is the true copy of the invoice/bill dt.13.01.2016 for purchase of the said mobile hand set.  There was warranty of 12 months for the said product.  It is stated that after about 11 months of its use, the said mobile set developed problems relating to switch operation and network system.  She intimated this fact to O.P.2 the authorized service centre on 14.12.2016.  O.P.2 verified the said hand set and issued a customer unit receipt to her stating that the defect would be repaired within 7 days hence.  Thereafter when the complainant contacted the O.P.2, the latter requested for 3 days more time to repair.  Again when O.P.2 was contacted he told that the set was not ready for use and it required further time for repair.  The complainant had also requested him to replace the old defective mobile with a new defect free set of the same b rand but her request was not acceded to.  Annexure-2 is the customer unit receipt dt.14.12.16 issued by O.P.2.  On 8.1.17 the O.P.2 handed over the said set to the complainant that the defects had been removed.  But to her misfortune, the same nature of problem recurred after two days only and additionally it was found that the hand set was switched off automatically and its front camera did not open.  It was intimated to O.P.2 who was requested to replace the said defective hand set which was denied.
2. Being disgusted with the conduct and behavior of O.P.2, the complainant on 11.1.17 sent a legal notice through her lawyer to the O.P by registered post requesting them to deliver a new defect free mobile set to her or to refund Rs.6,500/- which was the cost of the said mobile and also to pay compensation of Rs.10,000/- within 15 days of receipt of the notice.  The O.P remained silent despite receipt of legal notice.  It has been marked as Annexure-3.  The conduct and behavior of the O.P is tantamount to gross deficiency in service and unfair trade practice which has caused serious mental agony and harassment to the complainant.  Accordingly this case has been filed by her with a prayer to direct the O.P to refund Rs.6,500/- to her towards the cost of the defective mobile hand set with interest @ 12% per annum on the said amount from the date of purchase till the date of its realization, to direct them to pay a sum of Rs.10,000/- towards compensation together with any other reliefs as deemed fit and proper in the interest of justice.
3. O.P.1 & 2 have been set exparte.  It is only O.P.3 who entered appearance and filed written version of his case denying all the material averments made in the complaint. It is specifically stated that no intimation has been given to it or any other O.ps by the m regarding any problem in the said hand set.   Since O.P.3 is a renowned manufacturing company of mobile sets and it has a good will for its products all over the country.  It is not accepted that the O.P.3 will sell such defective hand set to its customer which would ultimately damage its business good will.  It is further stated that there was no expert report available in this case that the mobile set purchased by the complainant was having any manufacturing defect.  According to O.P.3 that the allegation in the complaint is vague and baseless.  Therefore it has prayed that the case may be dismissed in the interest of justice.
4. We have gone through the case records and the annexures filed by the complainant.  We have also heard the learned counsels from both the sides on the point.  During course of argument a joint petition has been filed signed by the counsels of the respective parties with prayer to dispose of the case in terms and conditions of such petition as agreed upon by them.  Keeping in view the contents of the said joint petition and the submissions made by the respective counsels for the parties, it is ordered;

             ORDER

                                The case of the complainant is disposed of in terms of the joint petition filed by the learned counsel for the parties.   O.P.3 is directed to pay Rs.8,500/- to the complainant and the latter has to return the defective hand set with all its accessories to O.P.3 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 President in the Open Court on this the 24^th  day of June,2017 under the seal and signature of this Forum.

                                                                                                                                                  

    (   Sri D.C.Barik )

                                                                                                                       President.

                                                             

 

                                                                                                        (Sri B.N.Tripathy )

                                                                                                                            Member.

 

                                                                                                                       (Smt. Sarmistha Nath)

                                                                                                                            Member(W)