SRI R.S.NAYAK, MEMBER …                 The brief fact of case is that, the complainant had purchased a mobile, Vivo 4-5IL, bearing IMEI No.863661033904892 & 863661033904884 on dated 04.01.2017 from the OP.no.3 for Rs.10,200/-. But within 2 months, the mobile shows problems like hang, automatic switch off & overheat, so the complainant approached the OP.no.2 for repair, who tried to repair the same but he did not issue any job sheet to the complainant. But later one month of he again reported the same problem with the set, so he further approached the OP.2 who rather repair the set suggested for wait for 3 days for its rectification. Though the OP.2 handover the set but failed to provide any job sheet to that effect. So the complainant contended that the OP.s has provided him a defective set, hence there is deficiency in service by them. Hence the complainant harassed, inflicting upon great mental strain, physical pain and financial losses craves leave of this forum and prayed to direct the OP.s to pay a sum of Rs.65,000/- as compensation and cost of Rs.10,000/-. 

2.         The counsel for OP.1 though appeared but failed to file any counter in the case in spite of adequate opportunities of six months. The OP.2 also not appeared, so they declared ex parte as per provisions of the Act and this forum decided to proceed the case with the evidence as available in record on merit. The complainant has filed copy of invoice, warranty card & an affidavit in support of his claim. Case has been minutely heard from complainant and submissions considered.

3.         From the above submissions, it reveals that the complainant has procured the above said mobile on dt.04.01.2017 from the OP.3 and the same reported defect with in valid warranty period. It is seen that, the complainant time and again approached the OP.2 reporting the so called defects, but the OP.s neither rectified the set nor replaced the same with a new one. Perusing the evidences, submissions filed by the complainant, we are of the concerned view that, the gadget set purchased by the complainant is defective and the OP.1 being the manufacturer failed to render any service to the complainant within valid warranty period through their agents. Thus the complainant suffered from mental strain and physical pain with the defective set and also inflicted financial losses and valuable times for the negligence and unfair practices of OP.s, hence he takes shelter of this forum and prayed for appropriate compensation.

4.         From the above discussions and after perusing the submissions filed by the complainant, it is apparent that, the complainant a number of times approached the OP.2 for repair of the devise but the OP.2 never issued any job sheet or any evidence to the complainant on repeated demands, hence the complainant under compulsion approached this forum with a special affidavit in support of his claim which we considered. The OP.s in spite of receiving notice of this forum are failed to take any initiations to settle the case of complainant and there is nothing wrong in the contentions of complainant, as well as the OP.1 & 2 defiance the claim of complainant in monopolistic manner, so we feel that the action of OP.1 & 2 is illegal, arbitrary and unfair which amounts to deficiency in service, hence found guilty under the provisions laid down in C.P.Act 1986, as thus the complainant is entitled to get compensation to overcome the stigma. However observing manufacture defect in the said product, the complaint is allowed against OP.no.1 with costs.    

                                                              ORDER

i.          The opposite party no.1 supra is hereby directed to pay the cost of the mobile set Rs.10,200/- (Rupees Ten thousand & two hundred) in place of alleged defective mobile set, besides, to pay Rs.3,000/-(Three thousand) as compensation for deficiency in service, inter alia, to pay Rs.2000/- (Two thousand) as the cost of litigation to the complainant.

ii.         All the above directions shall be complied with in 30 days of receipt of this order, failing which, the total sum will bear 12% interest per annum till its realization. Pronounced on this the 30th day of June' 2018.                                                                     

                        Sd/-                                                          Sd/-

                   MEMBER                                            PRESIDENT