Order No. 20 dt. 23/08/2017
The case of the complainant in brief is that the complainant purchased a Vodafone Mobile Broadband ZTE USB stick K3770 from o.p. no.2 at a price of Rs.1500/-. Immediately after purchase of the said stick the complainant made several attempts but the electronic gadget did not function properly. Due to manufacturing defect in the said gadget the complainant filed this case praying for direction upon the o.ps. for compensation of Rs.4 lakhs and litigation cost, etc.
The o.ps. contested this case by filing w/v and denied all the material allegations of the complaint. It was stated that the case is not maintainable and the complainant in order to prove the fact there was manufacturing defect in the said stick no expert’s opinion has been filed and on the basis of the said fact o.ps. prayed for dismissal of the case.
On the basis of the pleadings of parties the following points are to be decided:
- Whether the complainant purchased a Vodafone Mobile Broadband ZTE USB stick from o.p. no.2?
- Whether there was any manufacturing defect in the said stick?
- Whether there was any deficiency in service on the part of o.ps.?
- Whether the complainant will be entitled to get the relief as prayed for?
Decision with reasons:
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. lawyer for the complainant argued that the complainant purchased a Vodafone Mobile Broadband ZTE USB stick from o.p. no.2 and during the warranty period the complainant noticed that the said stick was not functioning properly for which the complainant filed this case praying for direction upon the o.ps. for compensation and other reliefs.
Ld. lawyer for the o.ps. argued that the case is not maintainable as per Sec 7(B) of Indian Telegraph Act and in case of any dispute between the parties the matter ought to have been referred to the Arbitrator, therefore the complainant will not be entitled to get any relief in this Forum.
Considering the submissions of the respective parties it is an admitted fact that the complainant purchased the said stick from o.p. no.2 and immediately after purchased of the same it was not functioning properly. Because of such non functioning of the said stick the complainant suffered. In order to prove the said fact the complainant filed the documents. The o.ps. did not deny the said fact that the complainant purchased the said stick from o.p. no.2. It appears from the materials on record that the complainant purchased the said stick at a price of Rs.1500/-. Since the complainant failed to use the said stick for which we hold that there was deficiency in service on the part of o.ps. and the complainant will be entitled to get back the price of the said stick as well as other reliefs. Thus all the points are disposed of accordingly.
Hence, ordered,
That the CC No.559/2013 is allowed on contest with cost against the o.ps. The o.ps. are jointly and/or severally directed to refund the amount of Rs.1500/- (Rupees one thousand five hundred) only to the complainant along with compensation of Rs.500/- (Rupees five hundred) only for harassment and mental agony and litigation cost of Rs.500/- (Rupees five hundred) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
