SRI R.S.NAYAK, MEMBER … The complaint in brief is that, the above complainant had purchased a Mobile Nokia-2 model 1029 vide IMEI No.356042084662024 dtd.16.01.2018 from OP.1 for Rs.6900/-. After purchase of just two months the mobile set reported hang, overheat & automatic on/off etc. So the complainant approached the OP No.1 & 2 but the OP.2 though received the mobile for repair but returned the same without rectified, and he did not issue any service paper to that effect. The complainant time and again approached the OP.2 but for no action. Further the complainant being residing at Nabarangpur had been several times to the OP.2 to rectify or replace the mobile but all his efforts became futile. Hence the complainant contended that, due to such illegal action of OP.s the complainant severely harassed which could not be compensated in terms of money. The OP.s are neglecting to render service & violates the terms specified in the warranty conditions which otherwise amounts to deficiency in service. Hence, the complainant craves the leave of this Hon'ble forum and seeks justice. Due to such illegal action of the OP.s, the complainant inflicted great humility, financial hardship and mental agony. So he prayed the Forum to direct the OP.s to pay the price of the said handset and a sum of Rs.30,000/- as compensation and cost of the litigation for such arbitrary, highhanded and unfair practices on the part of OP.s.
2. The counsel for complainant heard the case minutely in absence of OP.s. He filed copy of some relevant documents in support of his case. The OP.1,2, & 3 neither appeared nor filed their counter in the case, hence they declared ex parte and the forum decided to proceed the case as per documents as available in record on merit. Submissions considered.
3. It reveals from record that the complainant has procured the said mobile on dt.16.01.2018 and the same found defects after 2 months of its purchase. It is seen that, the complainant time and again approached the OP.s intimating the so called defects, but the OP.s neither rectified the set nor replaced the same or paid its price.
4. Perusing the evidences, submissions by the complainant, we are of the view that, the set in question purchased by the complainant has inherent defect. The service rendered by OP.2 & 3 is not satisfactory. As such the complainant suffered mental agony with the defective set, and also inflicted financial losses for the negligence and unfair practices of OP.s, he prayed for compensation.
5. In the instant case we found that the OP.No.2 & 3 without following the warranty norms acted illegal, arbitrary and highhanded, which seems gross abuse of process of law, per se, we found arbitrary and unfair practices on the part of OP.s which otherwise amounts to deficiency in service. The complainant is truly harassed as he alleged, hence lawfully entitled for compensation.
ORDER
i. The opposite party no.2 & 3 are severally and collaterally hereby directed to pay the invoice price of the mobile set i.e. Rs.6900/-, besides to pay Rs.10,000/-(Ten thousand) as compensation and a sum of Rs.3000/-(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, otherwise the complainant is at liberty to file execution U/s 25 & 27 of the Provisions of C.P.Act 1986. Pronounced on 11th day of Dec’2019.
Sd/- Sd/-
MEMBER PRESIDENT,DCDRF,
NABARANGPUR
