MR RAMSANKAR NAYAK,  MEMBER …                  The factual matrix of case is that, the complainant, had purchased a model of Intex Aqua Sense 5.0 mobile, bearing it’s IMEI No.911459551585181, on dt.27.11.2015 from the OP.1 for Rs.4,700/- But within 06 month the mobile appeared problem like touch not working etc. So the complainant approached the authorized service center situated at Jeypore Dist of Koraput, on dt.17.09.16 but though the OP.2 tried to rectify the defect and issued a job sheet thereof, but the unit in question could not be well repaired by the OP.2. The complainant further approached the OP No.2 who also tried to mend the set by updating its software etc but he could not rectify the defects as reported and said that the set has some manufacture defect which he not be able to rectify. Hence being aggrieved the complainant approached the OP.3 through OP.1 requesting to replace the alleged set with a new one through their customer care number, but who delivered nothing except evasive suggestions. So the complainant alleged that the OP.3 provided him a substandard set for a good price. So there is deficiency in service on the part of OP.s and the complainant harassed a lot and sustained mental agony, physical pain and financial losses due to the malfeasance action of OP.s. So he prayed before the Forum to direct the OP.s to pay the price of alleged handset and a sum of Rs.50,000/- as compensation and Rs.10,000/- as cost of litigation.

2.        The OP.1 & 3 neither appeared nor filed any counter in the case despite allowing adequate chances in its admission. The OP.2 though appeared but failed to file any version on his part. So the OP.s set ex parte as provisions contemplated in C.P.Act.1986. The complainant has filed copy of cash invoice of the alleged mobile, service job sheet, and an affidavit in support of his claim. The complainant alone has heard the case and perused the record. Considered.

3.        From the above submissions, it reveals that the complainant has procured the alleged mobile on dt.27.11.2015 and the same appeared defects with in it’s valid warranty period. It is apparent in record that, the complainant time and again approached the OP.s averring the so called defects, but the OP.s neither rectified the set nor replaced it with a new one despite of several requests. Perusing the evidences, filed by the complainant, we are of the view that, the alleged mobile set procured by the complainant has manufacture defect and the OP.s failed to render any needful service to the complainant within valid warranty period. Thus the complainant suffered from mental agony with the defective set, and also inflicted financial losses and valuable times due to the negligence and malfeasance actions of OP.s, hence he craves the leave of this forum and prayed for compensation.

4.        From the foregoing paras and from the submissions by the complainant, it is further noticed that, the OP.s despite of complaint and also receiving notice of this forum are failed to take any initiations to settle the matter of complainant and there is nothing to reject the contentions of complainant without filing submissions by the OP.s, hence we feel that the action of OP.2 & 3 is illegal, highhanded, arbitrary, unfair and against the policy of sale of contract which amounts to deficiency in service and found guilty under C.P.Act 1986, hence the complainant is lawfully entitled for relief. As thus we allowed the case against the OP.2 & 3 with cost.

                                           O  R  D  E  R

i.         The opposite party no.2 & 3 supra are severally & collaterally hereby directed to pay the price of the set Rs.4,700/- (Rupees Four thousand & Seven hundred) on replacement of defective set inter alia, to pay Rs.3,000/-(Three thousand) as compensation and a sum of Rs.2000/-(Three thousand) towards the cost of litigation to the complainant.

ii.        All the above directions shall be complied with in 30 days of this order, failing which, the total sum will bear 12% interest per annum till its realization. Pronounced on this the 20th day of Feb' 2017.

                   Sd/-                                                           Sd/-

             MEMBER                                           MEMBER, DCDRF,

                                                                            NABARANGPUR.

Date of Preparation: 

Date of dispatch      :  

Date of received by                                                     

the A/A for Ops / Complainant  :

Initial of the dispatcher.