Orissa

Rayagada

CC/108/2017

Sri G.Kiran Kumar - Complainant(s)

Versus

The Proptor OM Collection - Opp.Party(s)

Self

07 Jul 2018

ORDER

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA,

STATE:  ODISHA.

C.C. Case  No. 108/ 2017.                                        Date.   7    .    7    . 2018.

P R E S E N T .

Dr. Aswini  Kumar Mohapatra,                                      President

Sri  Gadadhara  Sahu,                                                       Member.

Smt.  Padmalaya  Mishra,.                                              Member

 

Sri  G.Kiran Kumar,   S/O:  G.Veerabhadra  Rao, At:Ashok Nagar,2^nd. Lane,  Po/ DIST: Rayagada, State:  Odisha,  PIN No. 765 001.  .                     …..Complainant.

Versus.

1.The Proprietor,  Om Collections, Main Road, Near Taxi stand, ,  Po/ DIST: Rayagada, State:  Odisha,  PIN No. 765 001.

2. The Manager, Care Gionee care,  Near Petrol bank, Beside Annapurna Hotel, Near  Old Gate,  . Po/ DIST: Rayagada, State:  Odisha,  PIN No. 765 001.

3.The Manager, Syntech Technology India Pvt.  Ltd., F-2, Block No. B-1, Ground Floor, Mohan Co-operative Industrial Estate, Mathura Road, New Delhi,  110044.

4.The Manager, U.D. Steel  solutions Pvt. Ltd., Jessore Road, Flat No.9(B), Ground Floor, Kolkatta- 700089.                                               …Opposite parties.           

For the Complainant:-Self..

For the O.Ps:- Set exparte.

JUDGEMENT.

 

       The  curx of the case is that  the above named complainant alleging deficiency in service  against  afore mentioned O.Ps for  non refund mobile price within warranty period for which  the complainant  sought for redressal of the grievances raised by the complainant.

 

On being noticed  the O.Ps neither entering in to appear before the forum nor filed their  written version inspite of more than  5 adjournments has been given  to them. Complainant consequently filed his memo and prayer to set exparte of the O.Ps.  Observing lapses of around 1 year  for which the objectives  of the legislature of the C.P. Act going to be destroyed to the prejudice of the interest of the complainant.  Hence after hearing  the  counsel for the complainant set the case  exparte against the O.Ps. The action of the O.Ps is against the principles of  natural justice as envisaged  under section  13(2) (b)(ii) of the Act. Hence the O.P. set exparte  as the statutory period  for filing of  written version was over to close the case with in the time frame permitted by the C.P. Act.

          We therefore constrained to  proceed to dispose of the case, on its merit. 

          Heard from the complainant.   We perused the complaint petition and the document filed by the complainant.

         FINDINGS.

From the records it reveals that, there is no dispute that the  complainant had purchased a mobile set Model No. GIONEE M 5 lite golden  bearing  IMEI No. 869328028289457 and IMEI No. 869328028289465   from the O.P.  No.1   by paying a sum of Rs. 12,000/-  with Sales Invoice   Bill  No. 2195 dt. 22.02.2017 with  one year warranty (Copies of the  bill is in the file marked as Annexure-I).  But unfortunately after  some  months  of its purchase  the above  set found defective and not functioning such as  it was hanging and stopping its application automatically. The complainant complained the O.Ps Service centre  for necessary repair 2 Times i.e.  on Dt. 4.3.2017, Dt. 8.6.2017 and charged Rs. 2,500/- towards service charges ( Copies of the Service centre report is in the file which are marked as Annexure-2 & 3).  In spite of repeated attempt by the Service engineer of the O.Ps the  above set could  not  run for longer time.    The complainant further approached the O.Ps for return the money which he spent but for no use.  In turn the OPs paid deaf ear.  Hence this C.C. case.

 

                From the records it is seen that, the complainant has filed Xerox copy of purchase bill which is marked as Annexure-I.  Hence it is abundantly clear that, the complainant had purchased the above set from the O.P.  The complainant also approached the service centre two times but no fruitful result received by the  complainant from the O.Ps.

                On examining the whole transactions, it is pertinent to mention here that, there is One year valid warranty for the alleged above set and the defect arose with in some month of use. As the OPs deliberately lingering to file their written version or any other documents after lapses of above 1(One) year, and observing the present situation, and nothing adversary to the complainant as adduced by the OP, the forum relying on the version of the complainant is of the view that, the alleged  set has inherent defect and there is vivid deficiency in service by the OPs declining to redress the grievances of his consumers i.e.  the  present complainant, hence the complainant is entitled to get the price of the said set or a new same set instead of the defective one along with such substantial compensation for all such harassment having been impounded with mental agony and deprivation of the use for the same  for long time  and so also the cost of litigation. We found there is deficiency in service by the OPs and the complainant is entitled to get relief.

                On appreciation of the evidences adduce before it, the forum is inclined to allow the complaint against the OPs.

                                                                               

                                                                                                O R D E R

                In  resultant the complaint petition  stands allowed  in part  on exparte against the O.Ps.

                The O.Ps  3 & 4  are   directed to return back the defective product from the complainant  by paying the price of the  above mobile set  a sum of Rs. 12,000/- and Rs. 2,500/- towards service charges charged by the Service centre  within  warranty period total sum of Rs.14,500/-.     There is no order as to cost and compensation.

          The O.Ps 1 & 2 are directed to refer the matter to the O.Ps 3 & 4 for early compliance of the above order.

                The entire directions shall be carried out with in 30 days from the  date of receipt   of this order.

Service the copies of the order to the parties free of cost.

Dictated and corrected by me

Pronounced on this                 7 th.  day of   July, 2018.

 

 

MEMBER                                                                              MEMBER                                                    PRESIDENT