DATE OF FILING                    :           19-09-2012.

DATE OF S/R                            :         05-10-2012.

DATE OF FINAL ORDER      :           04-03-2013.

Sri Devabrata Das

14/5, Sribas Dutta Lane

P.O. & P.S. Howrah

District –Howrah-711 101-----------------------------------------------------  COMPLAINANT.

Versus   -

Vodafone Store

H.M.C. Stadium Complex

P.O. & P.S. Howrah

                District – Howrah.-711 101

Okay Call Center Pvt. Ltd.

FE-362, Salt Lake, Sector-III,

Kolkata-700 106                 ---------------------------------------OPPOSITE PARTIES.

P    R    E     S    E    N     T

Member      :      Shri P.K. Chatterjee.

Member       :     Smt. J.  Saha.

F  I   N   A    L       O   R   D    E     R

Complainant Mr. Devabrata Das 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.Ps. to refund the purchase price of the Vodafone USB stick of Rs. 1500/-, to pay a compensation of Rs. 10,000/- for causing harassment and mental agony together with a litigation cost of Rs.5,000/-.

Complainant purchased one Vodafone USB stick on payment of Rs.1500/- on 12.06.2012 from O.P.-2. vide annexure Tax invoice dt. 12.06.2012. He attached the same USB with his laptop and it started working. But only after 5 minutes, laptop turned off. When he switched it on again, it started working but again after 5 – 7 minutes, the laptop again turned off. He went to vodafone store and complained about the fault. The said stick was examined and declared OK and complainant came back with the stick and tried his laptop. But to his utter surprise, after attaching the same stick, laptop started working for 5 minutes, sometimes for 15 minutes and sometimes for 30 minutes. On the complaint of the complainant one technical person visited his house and examined both the laptop as well as the stick but could not solve the problem and told the complainant that the laptop was defective. Complainant went to the shop wherefrom he purchased the laptop and after much persuasion, he could exchange his laptop with a new one. But in the new laptop the same problem persisted with the Vodafone USB stick. So, on 23.07.2012, he lodged the same complaint with a request to take back that USB stick and to return the money vide annexure Xerox copy of complaint sheet. When O.P. tested the stick in their laptop, it did not work. But they refused to return the money and kept the stick for further checking. And after 10 days, complainant was asked to take delivery of the stick, technical person of O.P. came and checked the stick in his laptop and found that the stick was working only in 1 USB slot out of 3 slots. He told that technical person that the stick should work in all 3 slots of the laptop. But that technical person said that he cannot do anything more and complainant had to make further complaint to Vodafone Store. And immediately after his departure, the laptop again turned off. Complainant further alleged that the laptop is

working properly with other USB sticks such as BSNL broadband and so on. Under the above circumstances, finding no other alternative, complainant filed this case praying for the above directions.

Notices were served upon the O.Ps. O.P.-1 appeared and filing W/V but O.P.-2 neither appeared nor filed any W/V. So, the case was heard exparte against O.P.-2.

Decision with Reason

O.P.-1 in its W/V, has taken the main plea that the instant dispute is a subject matter which is to be adjudicated in terms of Indian Telegraph Act, 1885. And O.P. has also cited some important reported judgment. But not in a single para, they have denied the fact that complainant went innumerable times to O.P. to resolve a dispute which is related to settling of defective goods. From the second annexure it is also evident that complainant purchase the Vodafone USB stick from Vodafone Store, Howrah as on the face of the document, the official seal of Vodafone East Ltd. is appearing. From the day one, the purchased Vodafone USB stick was not working, from which it is crystal clear that the stick was a defective one. And for that complainant went pillar to post to get a redressal but failed. And ultimately on 11.09.2012, he had to file this instant petition. Considering the prolonged harassment of the complainant we allow the petition of complaint in part against O.Ps. with cost.

Hence,

O     R     D      E      R      E        D

                That the O.Ps. are jointly and severally directed to return the purchase price being Rs.1500/- to the complainant within one month from this date. And complainant is also directed to return the stick to O.P. on receipt of Rs.1500/- from O.Ps. The O.Ps. are further directed to pay Rs.1000/- as compensation and Rs.500/- as litigation cost to complainant. The O.Ps. are directed to pay the total decreetal amount of Rs.3,000/- within one month from this date order, id, the entire amount shall carry an interest @ 10% p.a. till full realization.