MR LAXMI NARAYAN PADHI, PRESIDENT…         The factual matrix of the complaint is that, the Complainant had purchased a Mobile set Make Micromax Canvas Fun A76 Dual Sim android mobile phone - Blue, on dated 21/01/2014 from O.P.No-01 by paying an amount of Rs.8299/-. The complainant submitted that, after purchase of the said set, he found defect, hence he approached the OP.s through their land line number i.e. 011-49790000 but the OP.s did not take any action to redress the matter. The complainant being an advocate, mobile is highly essential for his job and due to the defective mobile he going through mental agony and inflicted financial losses. So he prayed to direct the OP.s to pay the amount of the mobile and Rs.60,000/- as compensation and cost of litigation in the interest of justice. 

2.         On the other hand the counsel for OP.s though appeared but failed to file any counter in the case. Hence the forum proceeded the case through record setting ex parte the OP.s as per provisions in Sec.13(2)(b) of the C.P.Act.1986.

3.         It is evident from the invoice of the OP.s bearing No. DEL/012014/8707 dt.21.01.2014 that the complainant had purchased the Micromax Canvas Fun A76 dual Sim with android facility paying Rs.8299/- which he received on 05.02.2014.

4.         The version of complainant is that, immediately after receiving the mobile, he found that the mobile is a defective one, standing hanged frequently, the camera is captured blurred photos, bars appearing on the screen etc. He immediately contacted the OP.2, on his land line No.01149790000 who otherwise assured of attending the complaint shortly, but never took any steps to redress the grievance of complainant. Further, the invoice being without the IMEI No. of mobile phone, the service centers at different area around Nabarangpur denied to repair it, that it was within the warranty period provided by the manufacturer. Hence, he had to repair it by paying at service center at Nabarangpur for which also, the service centre did not pay any acknowledgement or history of repair.

5.         The OP.s did not file any counter to the version of complainant; they even did not care to appear before the forum. Hence, res ipsa loquittor it is assumed that the version of complainant is all true and it is also supported by an affidavit by the complainant and it is also assured that, the OP.s have nothing to counter the version, but admit it as true admitting their negligence, hence, deficiency of service is established on the OP.s and as thus the complaint is allowed ex parte against the OP.s.

                                                                        ORDER

i)          The opposite parties shall reimburse the price of the handset i.e. Rs.8299/- (Rupees Eight thousand two hundred ninety nine) along with compensation of Rs.2000/- (Two thousand) & Rs.1000/- (One thousand) towards cost of the litigation to the complainant.

ii)         All the above directions shall be complied with in 30 days of date of this order, failing which, the total sum will carry 12% interest per annum till its realization.

            Pronounced in the open forum on this the 12th day of May'2015.

MEMBER                             MEMBER                             PRESIDENT, DCDRF,

                                                                                                    NABARANGPUR.

Date of Preparation: 

Date of dispatch      :  

Date of received by                                                           

the A/A for Ops / Complainant  :

Initial of the dispatcher.