MR LAXMI NARAYAN PADHI, PRESIDENT…              The factual matrix of case is that, the complainant had purchased a mobile cell make Samsung G7102 bearing it's IMEI No. 353202066810073, on dated 15.03.2015 from OP.no.1 by paying an amount of Rs.16,000/-. After use of some months, the said mobile shows various problems like hang and automatically switch off/shutdown etc. So the complainant approached the OP.no.2 and handover the set for necessary repair on dt.16.10.2015, who kept the set for some days and returned the same to the complainant along with jobsheet. But later two days of its use, the said set shows same defects as it was in previous. Hence he again approached the OP.no.1 & 2 and requests for replacement of the set with a new one but the OP.s said that the set has some inherent problems which could not be mend by them and advised him to contact the Company i.e. OP.3 for more services. As per advise of OP.2, the complainant approached the OP.3 but there was no positive response by the OP.s to his persuasions.

            The complainant depends on his mobile to get net and other facilities but he restrained from the same due to the inaction of OP.s. Hence the complainant sustained great humility, physical discomfort financial losses and mental agony by the malfeasance action of OP.s. So he prayed before the Forum to direct the OP.s to pay the price of handset along with a sum of Rs.50,000/- as compensation & litigation cost for such negligent and deficiency in service on the part of OP.s.

3.         On the other hand the OP.s neither appeared on call nor filed any counter despite several chances given to them since admission of the case. Hence the OP.s set ex parte as provisions contemplated in Sec.13(2)(b) of C.P.Act.1986. The complainant has filed cash invoice of the alleged mobile, service job sheet of OP.no.2 and warranty card of the set. The complainant heard the case and perused the record.

4.         The consumer protection act is a socio economic beneficial law, intended for speedy delivery of justice to the aggrieved and needy consumers and every complaint is supposed to be disposed off within a timeframe in consonance with the objects of the benevolent legislature, but inordinate delay in procurement of evidences and counter by the parties have emerged for reaching delirium to achievement of such objects.

5.         From the above submissions, it reveals that the complainant has procured the mobile set on dt.15.03.2015 and the same became defect with in warranty time. Hence the complainant approached the OP.s for necessary repair averring the alleged troubles, but the OP.s neither mend the set nor replaced the same with a new one despite of several requests. Considering the evidences, submissions by the complainant, we are of the view that, the mobile set purchased by the complainant has inherent defect and the OP.3 failed to provide service or replace with a new one to the complainant within 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 unscrupulous practices of OP.s, hence he under compulsion file the instant case and prayed for compensation.

6.         From the above discussions and perusing the submissions filed by the complainant, we have seen that, the OP.s despite receiving notice of this forum are failed to take any initiations to settle the matter of complainant and there is nothing to unbelief the contentions of complainant without appearance, filing submission, counter and evidences by the OP.s. Hence we feel that the action of OP is illegal and unfair which amounts to deficiency in service and hence found guilty under the provisions of the C.P.Act 1986, hence the complainant is entitled for relief. As the mobile has manufacture problems, the complaint is allowed against the OP.no.3 with costs.

                                                           O  R  D  E  R

i.          The opposite party no.3 supra is hereby directed to pay the price of the set Rs.16,000/- (Sixteen thousand) in place of alleged defective set, inter alia, to pay Rs.6,000/-(Six 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 31st day of May' 2016.

                        Sd/-                                                                 Sd/-

                 MEMBER                                             PRESIDENT, DCDRF,

                                                                                   NABARANGPUR.