DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

WEST TRIPURA :  AGARTALA

 

CASE   NO:   CC- 63 of 2018

 

Sri Madhab Debnath,,

S/O- Sri Nityananda Debnath,

Resident of Murabari, West Laxmibill,

P.O.-West Laxmibill-799102,

P.S.-Bishalgarh, Dist.-Sepahijala Tripura, .…..…...Complainant.

 

 

           -VERSUS-

 

1). TRISHNA MOBILE NET,

Prop. Raju Saha,

Old Bishalgarh Lalsimura Bus Stand,

P.S.Bishalgarh, 

Dist.-Sepahijala Tripura .

 

2). ASUS Service Centre

Back side of Sonartari Hotel,

Ronaldsay Road, Agartala-799001,

Dist.-West Tripura. 

 

3). The Service Manager,

Customer Care:4th floor, 402, 17/18 shah Industrial Estate

Supreme Chamber: Veera Desai Road, Andheri(West)

Mumbai-400053 ….............Opposite party

 

 

      __________PRESENT__________

 

 SRI BAMDEB MAJUMDER

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL FORUM,

      WEST TRIPURA, AGARTALA. 

 

SMT. Dr. G. DEBNATH

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

SRI U. DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

 

C O U N S E L

 

 

For the Complainant : Complainant in person.

 

For the O.P. : None appeared.

 

JUDGMENT  DELIVERED  ON:      27/11/2018

J U D G M E N T

The complainant Sri Madhab Debnath set the law in motion by presenting the petition U/S 12 of the Consumer Protection Act 1986 complaining deficiency of service by the O.Ps. 

  The complainants' case in brief is that he had purchased one mobile set(Touch screen Model - Asus Zenfonmax) on payment of Rs.8,700/- from TRISHNA MOBILE NET i. e. the O.P. No.-I. At the time of purchasing the mobile set the O.P. assured the Complainant that he would get servicing facility at Agartala. The mobile set started trouble after six(06) months. The Complainant found that there was problem in charging of the mobile set. When he approached the O.P. No.-2(service centre) he was informed that the mother board of mobile set has become out of order. He alleged that when he went to the shop of the O.P. No.-I with problem in the mobile set he was not treated properly by the salesman  and that in spite of registering his complain about the misbehavior of the salesman, he did not get any justice. The Complainant, however gave his mobile set to the O.P. No.I for repair. After five(05) days the mobile set was returned to him and that when he checked the mobile set he found that the defect in his mobileset was not removed, it was still non functional. The charging problem was persisting. The Complainant, then personally met the O.P. No.-I and requested him to give a new mobile set in exchange of the previous one but the O.P. turned down his request. Having found no other alternative the Complainant approached this Forum and filed the instant complaint praying for compensation of Rs.43,000/- including the price of the mobile set. Hence this case. 

 

 

Based on the Complain and after the hearing the Complainant notices were sent to each of the O.Ps. Notices to the O.P. Nos.-1& 3 were sent by post. The O.P. No.-2 even after receiving notice from this Forum has not appeared to contest the case and other O.Ps. also did not come. So the case proceeded exparte against them.

 

3. EVIDENCE ADDUCED BY THE PARTIES:

  On 15/11/2018 the Complainant was examined exparte. His evidence was recorded. The Complainant produced photo copy of cash memo showing payment of Rs.8,700/- to the O.P. No.-I for the mobile set. He also produced  copy of letter(xerox) addressed to the O/C, Bishalgarh Police Station praying for making G.D. Entry concerning the missing of the Original Cash Memo of the mobile set. 

 

4. DECISION AND REASONS FOR DECISION:

  From the cash memo dated 06/10/2017 issued by the Propriter, Trishna Mobile Net (O.P. No.1) we find that the Complainant purchased one mobile set Touch screen Model - Asus Zenfonmax on payment of Rs.8,700/-. The Complainant was not satisfied with the performance of the mobile set. After 5 months of its use various problems cropped up including its charging facility. The Complainant approached the O.P. No.1 for rectification of the problems in his mobile set and as per advice of the O.P. No.1 the mobile set was given to the O.P. No.2 (Service Centre). After 5 days the mobile set was returned to the Complainant from the service centre. But the Complainant found the problems in his mobile set  still persisted. After few days the Complainant again contracted the O.P. No.1 and requested him to give a new mobile set to him in exchange of the previous one as the mobile set started giving problem within the warranty period. The O.P. however did not pay any heed to his request. Hence, the Complainant approached this Forum and prayed for compensation of Rs.40,000/-. The O.P. No.1 in this case does not appear to contest the claim of the Complainant. From  conduct of the O.P. we consider that the O.P. No.1 who is the principal O.P. has nothing to say rebutting the claim of the Complainant. The other two O.Ps. i. e. O.P. Nos.2 & 3 did not appear before the Forum to contest the case. We have found gross negligence and deficiency of service on the part of the O.P. No.1 to the Complainant and a such we hold the O.P. No.1 guilty of deficiency of service. 

 

  The complaint filed by the Complainant Sri Madhab Debnath is thus allowed.  

 

In the result it is directed that the O.P. No.1 is to pay Rs.8,700/- being the price of mobile set to the Complainant. The O.P. No.1 is also directed to pay Rs.8,000/- as compensation for harassment and mental agony suffered by the Complainant due to the negligence and deficient service of the O.P. No.1 and Rs.2,000/- as cost of litigation. In total the O.P. No.1 is to pay Rs.18,700/- (Rs.8,700/- + Rs.8,000/- + Rs.2,000/-) to the Complainant. The amount is to be paid within 45 days failing which the amount of compensation shall carry interest @9% P.A. till the payment is made. It is made clear that the Complainant will return the old mobile set to the O.P.No.1 as and when the O.P. No.1 makes payment of the compensation amount to the Complainant

  ANNOUNCED

 

 SRI BAMDEB MAJUMDER

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL FORUM,

WEST TRIPURA,  AGARTALA

 

 

 

 

 SMT. DR. G. DEBNATH,

 MEMBER, 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA

 

SRI U. DAS

MEMBER,

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, 

 WEST TRIPURA,  AGARTALA.