DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, GAJAPATI,
PARALAKHEMUNDI.
Present: 1. Shri Rajendra Kumar Panda,
President.
2. Smt. Puspanjali Mishra, Member (w).
Consumer Complaint No. – 14/2016.
Filling Date:- 29/09/2016.
Order Date:- 09/01/2018.
Smt. Manjula Senapati, aged about 47 years,
W/o:-Vivekananda Choudhury,
At:-Ram Nagar Street,
Po/PS.:-Paralakhemundi,
Dist:-Gajapati, Odisha. ….. Complainant.
Versus
- The Proprietor, Rupa Mobiles, Mobile Sales & Services
At:-Palace Street, In front of Andhra Bank,
Po/Ps:-Paralakhemundi,
Dist:- Gajapati,
- The Care Manager,
Nokia India Sales Pvt. Ltd.,
SP Infocity, Plot#243, Udyog Vihar,
Phase I, Dundahera, Gurgaon, 122016,
Haryana, India. ..... Opposite parties.
- Counsel for the Complainant … Sri. V. N. Choudhury.
- Counsel for the O.P. No. 1 … Self
- Counsel for the O.P. No. 2 … None
- Date of Conclusion of hearing … 09.01.2018
- Date of order … 09.01.2018
Sri R. K. Panda, President
Briefs facts of the case:-
The Case of the Complainant is that, he purchased a Nokia Microsoft Cellular Mobile Phone for Rs. 6,300.00 on dated 11.06.2015 from the opposite party No. 1 bearing Model No. RM – 1031/Lumia 532 DS, IMEI 1 – 357127064371404, IMEI – 2 – 357127064371412. The O.P. No. 1 issued cash bill bearing No. 25 dtd. 11.06.2015 along with warranty card. It is further pleaded in the complaint petition that the warranty period is valid for 12 months from the date of purchase. That after 10 months the said phone found some defects which badly causes operation of incoming and outgoing calls and non - functioning of some of the Applications as well as Camera. The Complainant brought to the notices of O.P. No. 1 on 10.06.2016 and handed over the same to O.P. No. 1 to get it repaired and received receipt in token of handed over the said mobile set. He further submitted that the O.P. No. 1 assured it would be repaired within 20 days. But the O.P. No. 1 didn’t rectify the defects and delivered the said phone set to the Complainant, for which the Complainant takes the recourse of this Forum.
The O.P. No. 1 appeared and didn’t choose to contest the case. The O.P. No. 2 did not appeared and contest the case even after receipt of summons from this Hon’ble Forum.
Perused the case record. The Complainant filed cash bill bearing No. 25, dtd. 11.06.2015 and receipt dtd. 10.06.2016 issued by O.P. No. 1 and affidavit in support of his case. The O.P. No. 2 has been set ex-partee on dtd. 09.05.2017 due to non appearance after receipt of summons.
After hearing the Complainant and perusing the documents on record the Forum has taken up the following issues for determination.
ISSUES
I. Whether the Complainant is a consumer under the O.Ps.
II. Whether the services of the O.Ps. are deficient towards the Complainant?
III. Whether the Complainant is entitled for any relief as sought for?
IV. To what Relief the Complaint is entitled?
FINDINGS
ISSUE No. I –
The Complainant is no doubt is a consumer as he purchased Nokia Microsoft Cellular Mobile Phone for Rs. 6,300.00 on dated 11.06.2015 from the O.P. No. 1 and handed over the same to the O.P. No. 1 for getting service.
ISSUE No. II –
The Complainant found defects in the mobile set and immediately brought to the notice of O.P. No. 1 and handed over the same to O.P. No. 1 for repair, which evidenced the receipt dtd. 10.06.2016 issued by the O.P. No. 1. But the O.P. No. 1 could not set–right the defects and without rectifying the defects, returned the same mobile set to the Complainant which amounts to deficiency of service.
Hence, it is ordered.
O R D E R
Taking consideration the undisputed documentary evidence and pleadings, we are inclined to pass order in favour of the Complainant directing the O.Ps. to replace the Mobile set with a new set of same make or return the cost of the mobile Rs. 6,300.00 (Rupees Six Thousand Three Hundred) only and also pay compensation of Rs. 1500.00 (Rupees One Thousand Five Hundred) only towards litigation expenses within 30 days from the receipt of this order.
Supply extract of the order to the parties forthwith at free of cost.
Member (w) President
The order dictated to the Bench Clerk, typed by him and corrected by me and pronounced in the open Court, on this day of 9th January , 2018 under our signatures and seal of the Forum.
Typed by me.
Member (w) President
