MR RAMSANKAR NAYAK,  MEMBER …                    The factual matrix of case is that, the complainant, had purchased a Intex Aqua Super mobile, bearing it’s IMEI No.91147200360126 / 911472600360134, on dt.19.12.2015 from the OP.1 for Rs.10,200/-. But within 06 month the mobile appears hang, low battery backup and overheating. So the complainant approached the authorized service center at Jeypore Dist of Koraput, on dt.16.06.16 but though the OP.2 said to have rectify the defect and issued a job sheet thereof, but he could not be mend the set. Hence the complainant further approached the OP No.2 on dt.24.10.2016, who also tried to repair the same by updating its software etc but could not resolve the problems as reported but issued another job sheet and said him that the set has some manufacture defect which can not be mend by him and kept the set in his own to transmit the same to his higher ups. But despite several approaches the OP.s neither handover the set to the complainant nor paid its price. Hence being aggrieved the complainant approached the OP.3 requesting to replace the alleged set with a new one through their customer care number 1860 108 5555, but who delivered nothing except evasive advises. So the complainant alleged that the OP.3 provided him a substandard set with a high price, and finding no other way the complainant procured another mobile set by paying Rs.6,000/-. So he alleged that there is deficiency in service on the part of OP.s and the complainant inflicted under 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.19.12.2015 and the same appeared defects with in it’s valid warranty period. It is seen 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 so called mobile set procured by the complainant has manufacture defect and the OP.s failed to render satisfactory service to the complainant within valid warranty period, for which the complainant under compulsion purchased another handset by paying Rs.6000/-. 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 above discussions and perusing the submissions by the complainant, it is further noticed that, the OP.s in spite 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 doubt in 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.

                                                        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.10,200/- (Rupees ten thousand & Two hundred) inter alia, to pay Rs.5,000/-(Five thousand) as compensation and a sum of Rs.2000/-(Two 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 14th day of Feb' 2017.

                 Sd/-                                                                              Sd/-

           MEMBER                                                           MEMBER, DCDRF,

                                                                                          NABARANGPUR.