DATE OF FILING : 22-05-2014.
DATE OF S/R : 17-07-2014.
DATE OF FINAL ORDER : 17-10-2014.
Sachindra Nath Coomer,
“Ma Sarada Apartment” 1st floor, Flat NO. 101,
188, G.T. Road, P.O. & P.S. Bally,
District – Howrah, PIN – 711201 and
17, K.P. Coomar Street, P.O. & P.S. Bally,
District – Howrah,
PIN – 711201. --------------------------------------------------------------------COMPLAINANT.
- Versus -
The Service Manager,
Time -O-Service,
37 & 38, Mohinath Porel Lane, Salkia,
Howrah – 711106.----------------------------------------------------------OPPOSITE PARTIES.
P R E S E N T
President : Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.
Member : Shri P.K. Chatterjee.
Member : Smt. Jhumki Saha.
F I N A L O R D E R
1. Complainant, Sachindra Nath Coomar, by filing a petition U/S 12 of the C .P.
Act, 1986 ( as amended up to date ) has prayed for a direction to be given upon the o.p.no. 1 to replace the mobile in question after proper repairing and to pay compensation of Rs. 2 lakhs and litigation costs of Rs. 10,000/- along with other relief or reliefs as the Forum may deem fit and proper.
2. The brief facts of the case is that the complainant purchased one mobile being model no. E2152 on 07-09-2011 on payment of Rs. 2,600/- vide Annexure A for which one year warranty was provided. But it is alleged by the complainant that during the period from 07-09-2011 to 07-09-2012 he had to visit o.p. no. 1 for innumerable times for repairing the said set and lastly on 07-09-2012 the battery of the set was changed vide Annexure ‘B’ collectively. But unfortunately, again the said set went out of order which was informed to o.p. and o.p. charged Rs. 2,350/- vide Annexure dated 25-09-2012. Thereafter the said set was never delivered by the o.p. to the complainant for which the complainant wrote a letter to o.p. on 16-12-2013 with the request to hand over the mobile set but till date the o.p. did not care to handover the mobile set to the complainant after proper repairing. Hence the case.
3. Notices was served upon the o.p. but none appeared and no Written version was filed. Accordingly, case was heard ex parte.
4. Upon pleadings of both parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.P. ?
ii) Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
5. Both the points are taken up together for consideration. We have carefully gone through the petition of complaint along with the documents filed by the complainant. From Annexure C it is evident that complainant served letter upon o.p. with the same request identical to the prayers made out in his complaint petition. The mobile set in question went out of order after its purchase. Even from Annexure B it is evident that the battery was changed on 07-09-2012 and again the same battery problem was detected on 25-09-2012 for which o.p. again charged Rs. 2,350/- and the set was also retained by them. And till then the set was not repaired and delivered to the complainant till the filing of the case. It is also to be noticed that even after receiving the summons, o.p. never cared to appear before this Forum and to file written version to controvert the allegations of the complainant. So the petition of complaint remained unchallenged. So, we have no difficulty to believe the unchallenged testimony of the complainant. Accordingly we are of the candid opinion that it is a fit case where the prayers of the complainant shall be allowed against o.p. Points under consideration are accordingly decided.
Hence,
O R D E R E D
That the C. C. Case No. 295 of 2014 ( HDF 295 of 2014 ) be allowed ex parte with costs against the O.P.
That the O.P. is directed to handover the mobile set in question after proper repairing of the said set within 30 days from the date of this order i.d., Rs. 50/- per day shall be charged till actual delivery .
The complainant do get an award of Rs. 3,000/- as compensation and Rs. 1,000/- as litigation costs.
That the o.p. is further directed to pay the entire amount of Rs. 4,000/- to the complainant within one month from the date of this order i.d., the aforesaid amount shall carry an interest @ 10% per annum till full realization.
The complainant is at liberty to put the decree into execution after expiry of the appeal period.
Supply the copies of the order to the parties, as per rule.
DICTATED & CORRECTED
BY ME.
( Jhumki Saha )
Member, C.D.R.F., Howrah.
