Judgment : Dt.23.2.2017

            This is a complaint made by Mrs. Subrata Dutt, 85, Prince Anwar Shah Road, Kolkata-700 033 against Anannaya Infotel, C-65, Baghajatin Station Road, P.S.-Patuli, Kolkata-700 092 praying for return of Rs.6,897/- value of the tab plus Rs.450/- as service centre bill and compensation of Rs.1,000/- and litigation cost of Rs.1,000/-.

            Facts in brief are that Mrs. Subrata Dutt, residing at 85, Prince Anwar Shah Road, Kolkata-700 033, purchased one Micro Max Tab on 26.9.2015. On 24.6.2016 she went to the Micromax Service Centre for stating the problem of not charging of the tab. There she was charged Rs.450/- for repairing the charger. She again visited the service centre and requested to repair the battery but of no use.

            On the basis of above facts, complaint was admitted and notice was used. But OP did not appear. So, the case was heard ex-parte.

Decision with reasons

            Complainant filed affidavit-in-chief wherein she has reiterated the facts mentioned in the complaint petition.

            Main point for determination is whether Complainant is entitled to the reliefs as prayed for.

            On perusal of the annexure No.1, it appears that the tab was purchased on 26.9.2015. This case was filed on 22.7.2016 that means the tab was under warranty. Further, it appears that Complainant paid Rs.450/- to the service centre. Since the allegation remains un-rebutted and unchallenged, we are of the view that the claim of the Complainant gets established. Accordingly, Complainant is entitled to the prayer of return of Rs.6,897/- which is the price of the tab, as well as Rs.450/-.

            Hence,

ordered

            CC/321/2016 and the same is allowed ex-parte. OPs are directed to return Rs.6,897/- and Rs.450/- to the Complainant within three months of this order, provided Complainant handed over the defective tab. Further, OPs are directed to pay compensation of Rs.1,000/- and litigation cost of Rs.1,000/- to the Complainant within this period. This total amount of Rs.9,347/-, if not paid within the above mentioned period, the amount shall carry interest of 10%p.a.