DISTRICT CONSUMER DISPUTES REDRESSAL FORUM;BHADRAK

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C.D.Case No.78 of 2014

Sri Prasanta Kumar Mohanty,

S/o: Sudam Charan Mohanty,

At: Acharya Nagar

PO/PS/Dist:Bhadrak

                              …………………………Complainant

               (Vrs.)

M/s. Panda Communication

At: Rajghat Chhack, Bypass

PO/PS/Dist:Bhadrak

                                 ………………………….Opp.Party

Order No.6 dt.25.02.2015:

            The Complainant has filed this case alleging deficiency of service against the O.P. in not rendering proper service after sale of mobile hand set to him.

            The case of the Complainant is that he had purchased Jivi JV  X6699  Mobile hand set from O.P. having IMEI No.1:9113658900669545 & IMEI No.II: 9113658900669552 on payment of Rs.1600/- under cash memo No.15K 87 dt.04.06.2014. It was assured by O.P. that if any defect would arise within one year the same should be free of service. After three months of its purchase display(LCD) problem found in the mobile handset for which the Complainant approached the O.P. who advised to call to Jivi Company and finally refused to repair the set free of charge. So the Complainant went to a repairing shop namely H.K.Electronics and get it repaired by spending Rs.350/-. Thereafter, the mobile hand set switched off. The Complainant approached the O.P. who abused the Complainant and ordered to get out from his show room. So finding no alternative the Complainant filed this case on 13.10.2014 claiming refund of Rs.1600/- towards mobile handset cost along with Rs.350/- spent on repairing besides compensation of Rs.10,000/- from O.P.

            The O.P. contested the case and resisted the claim that he had sold a Jivi JV X6699 at his counter on the price of Rs.1600/- and issued a bill vide 15K 87 dt.04.06.2014. The Complainant has broken the said mobile hand set and repaired it at H.K.Electronics. So the set is not cover under warranty. He only sales the mobile handset and servicing is  to be claimed in authorized service centre on Jivi Mobiles.

            We have heard the Complainant and the O.P.. It is submitted by the Complainant that at the time of purchase of Mobile handset the O.P. had assured to repair the set at free of cost. Defect in the LCD of the handset found within 3 months but the O.P. without taking any step for repairing advised to contact the Jivi Company. So the Complainant repaired the mobile set by H.K.Electronics by spending Rs.350/- and latter the set switched off. On the other hand the O.P. submitted that mobile set does not cover warranty as the same was broken by the Complainant and it was repaired by unauthorized service centre.

            Admittedly, the Complainant had purchased the mobile handset in question from O.P. at a cost of Rs.1600/- and the defect i.e. display problem in the LCD found within the warranty period. As the set was repaired by unauthorized service centre the O.P. decline to provide warranty coverage. Had the O.P. provided the repairing service the Complainant would not have availed the same by H.K.Electronics spending Rs.350/-. It was the duty of O.P. to provide after sale service to the Complainant which he has not done in this case. So we are constrained to hold that there is deficiency in service on the part of O.P. Accordingly, we direct the O.P. to refund the cost of mobile hand set amounting to Rs.1600/- to the Complainant within 30 days of receipt of this order on receipt of defective mobile handset from Complainant. The Complainant is directed to return the defective handset to O.P. Under the facts and circumstance of the case parties to bear their own cost.