MR LAXMI NARAYAN PADHI, PRESIDENT…              The complaint in brief is that, the Complainant had purchased a Mobile set Make Spice Mi-498 bearing IMEI.No. 911401251420269 on dated 07/12/2014 from OP.No-1 by paying Rs.6400/-. After purchase within valid warranty period, i.e. during the month of June’2015, the mobile hand set appears battery charging problems etc. The complainant handover the set to the OP.2 through OP.1 for necessary repair but despite requests the OP.1 & 2 did not issued any job sheet to the complainant. After lapse of long 5 months the complainant could receive his mobile set remain unfunctioned. Hence he on dt.06.12.2015 approached the OP.3 through email to redeem or replace the set but all efforts are in vain. Hence the complainant contended that, there is inherent manufacture defect in the mobile set and as per the warranty conditions the OP.s should provide service to him but the OP.s failed to do the same. Hence the complainant inflicted great losses which cannot alteration in terms of money. Due to the arbitrariness of OP.s the complainant inflicted mental agony, hence he craves the leave of this forum under compulsions and seeking justice and prayed before the forum to direct the OP.s to pay the price of the said handset as mentioned above along with a sum of Rs.50,000/- as compensation and cost of the litigation for such negligent and deficiency in service on the part of the OP.s.

2.         On the other hand the counsel for OP.3 entered his appearance and filed counter wherein he except evasive denials averred nothing in contradiction to the complaint. The complainant has filed cash invoice of the alleged mobile along with warranty card of the set. The complainant & counsel for OP.3 have heard the case at length, perused the record and submissions considered.

3.         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.

4.         From the above submissions, it is found that the complainant has procured the mobile set on dt.07.12.2015 and the same became defect during June’2015 i.e. with in warranty period. 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 some serious manufacturing defect and the OP.s failed to provide service to the complainant within warranty period. Hence the complainant suffered mental agony with the defective set, and also inflicted financial losses and valuable times due to the negligence and unfair practices of OP.s, hence he file the instant case and prayed for compensation.

5.         From the above discussions and perusing the submissions filed by the complainant, it is noticed that, the OP.s despite receiving notice of this forum are failed to take any initiations to settle the matter of the complainant, hence we feel that the action of OP.s is illegal and unfair which amounts to deficiency in service and the OP.s found guilty under the provisions of C.P.Act 1986, hence the complainant is entitled for relief. As thus the complaint is allowed against the OP.s with costs.

                                                    O  R  D  E  R

i.          The opposite party no.1, 2 & 3 supra are severally and collaterally directed to pay the price of the set Rs.6400/- (Six thousand & four hundred) in place of the alleged defective one, inter alia, to pay Rs.3,000/-(Three thousand) as compensation and a sum of Rs.1000/-(One 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 14th day of March' 2016.

      Sd/-                                     Sd/-                                             Sd/-

MEMBER                         MEMBER                          PRESIDENT, DCDRF,

                                                                                          NABARANGPUR.