INTHE PRESIDENT, DISTRICT CONSUMERS DISPUTE REDRESSAL FORUM, SAMBALPUR

C.C. No.48 of 2017

      Ramakanta Behera,

      Aged about 20 years,

      S/o- Sudam Behera

      Resident of Sadeipali santoshi Maa Pada, Burla

      P.O./P.S. Burla,

      Dist-Sambalpur                                                  ……………… Complainant

-VERSUS –

1. MI Service Cetnre, Sprimon Technologies,

In front of City life, Sambalpur

(Authorised MI service centre in Odisha)     …………….. Opp. Parties

For Complainant                 :            Self

For O.P.s No.1                      :           None

PRESENT:-  SHRI A.P. MUND, PRESIDENT

SMT. S. TRIPATHY, MEMBER

SHRI K.D. DASH, MEMBER

Date of Order: 27.04.2018

Sri. A.P Mund, President

1. The case of the complainant is that he has purchased a mobile set             (Model LENOVO K6 POWER) by online  shopping (flipkart) on 25^th April 2017 for a total price of Rs. 8,999/- and P No. WB-  91422(864000038593559).  The complainant  used the device for some days, after  which he found some problem with the device. He went to the service centre i.e. Sprimon Technologies, situated in front of City Life, Budharaja, P.O. Budharaja, P.S- Ainthapali,  Dist.- Sambalpur on dt. 02.05.2017. The service centre kept the defective device and to come on 10.05.2017.
2. On 10.05.2017 the complainant went to the O.P. and was told that the said  device has been lost somewhere  and he was asked to come after a week. The complainant  went to the service centre after a week  but he was not given  the device.  After that he made  several telephonic calls but the service centre did not replied. 
3. On the basis of the above the complainant has prayed for

(i) refund of Rs. 8,999/- price of the cell phone;

(ii) compensation of Rs. 11,000/- for mental agony and etc. Rs. 11,000/- towards cost oflitigation and any otherreleases.

4. To support  his case he has filed the job card issued by the O.P..

Retail/Tax Invoice/Bill for Rs. 8,999/-.

5. The complainant was present on the date of hearing  in person and conducted his argument . He has supported the above contention made in his complaint petition. He narrated how he was staying like a fish out of water  without the cell phone. He was very  attached to this cell phone.  The O.P. without  any reason,  misplaced the device and  is no mood to search for the device. He was  forced to come to the forum for redressal of the grievance.
6. The O.P. properly noticed and  no step was taken by him after receipt of notice. Hence he was set exparte  on dt. 18.08.2017.

O R D E R

The original Job card, as per practice is returned back by the service centre along with the cell phone device to the person after removal of defect.  In this case we found that the complainant has filed the original job card and we are convinced that the device has been lost by the service centre.  The O.P. is solely responsible for the loss of the device.

Hence it is ordered that the O.P. is to refund Rs. 8,999/- the price of the cell phone along with compensation of Rs. 2,000/- for their deficiency in rendering proper service, mental agony and harassment within a period of 30 days from the date of the order; otherwise the above amount will carry an interest of 18% from the date of order till payment.

                                                                                                      Sd/-

                      Sd/-                                                                               SHRI A.P.MUND

         SMT S.TRIPATHY. Member I agree.                                           PRESIDENT.                                                                      .

                      Sd/-                                                                                           Sd/-

         SHRI K.D.DASH.  Member    I agree.                             Dictated and corrected by me.

                                                                                                               PRESIDENT