Order dictated by:

Sh.Anoop Sharma,Presiding Member

1.       Gurwinder  Singh has brought the instant complaint under section 11 & 12 of the Consumer Protection Act, 1986 on the allegations that   complainant purchased one Cell Phone Samsung J7 (6) Gold from Standard TV Centre, Sultanwind Road, Amritsar vide bill dated 16.8.2016 for an amount of Rs. 16000/-. The said mobile was duly insured by the complainant from opposite party and a sum of Rs. 1750/- was duly paid by the complainant .  There occurred a problem with the display of the mobile on 31.8.2016 and in this regard one complaint was lodged with the opposite party on 1.9.2016. The said mobile was received from the complainant on 2.9.2016 with the assurance that the said mobile will be repaired or replaced as per the terms of the insurance. At the time of receiving the mobile, the opposite party also received an amount of Rs. 800/- from the complainant.. After receiving the handset on 2.9.2016, the opposite party has never contacted with the complainant. The complainant visited many a times to the opposite party for receiving his handset , but the officials of the opposite party dilly dallying the matter on one pretext or the other .  At the time of obtaining the policy, opposite party assured the complainant that the handset is to be repaired within a period of 14 days  from the date of receiving the handset. But the opposite party after  a lapse of sufficient time, has neither repaired the handset of the complainant  nor refunded the amount of the handset. Thereafter on 14.10.2016 complainant again contacted the opposite party  and the opposite party handed over the mobile set to the complainant in a very devastating condition and the complete display of the handset of the complainant was broken. When the handset was handed over to the opposite party, there was only a line in the display but the whole of the display was not broken. But at the time of handing over the handset to the complainant, the complete display was broken.  This was happened due to negligence of the opposite party as they have not taken care of the handset properly  and immediately on receiving the handset, the complainant was shocked to see the condition of the handset and the officials of the opposite party immediately again received the handset  and made an entry on the job sheet. Thereafter when the complainant requested to return back the said mobile set, opposite party started putting off the matter on one pretext or the other .  Vide instant complaint, complainant has sought for the following reliefs:-

(a)     Opposite party be directed to refund the entire sale price of Rs. 16000/- alongwith interest at the rate of 18% p.a. ;

(b)     Compensation to the tune of Rs. 10000/- may also be awarded to the complainant alongwith adequate litigation expenses.

Hence, this complaint.

2.       Opposite party did not put in appearance despite service of notice, as such it was ordered to be proceeded against ex-parte.

3.       In ex-parte evidence complainant tendered into evidence his duly sworn affidavit Ex. C-1, copy of mobile bill Ex.C-2, copy of job sheet Ex.C-3, copy of legal notice Ex.C-4, copy of postal receipts Ex.C-5 to Ex.C-8, copy of App Daily book of terms and conditions Ex.C-9 , copy of discharge voucher Ex.C-10 and closed his evidence.

4.       We have heard the ld.counsel for the complainant and have carefully gone through the record on the file.

5.       From the facts and circumstances of the case, it becomes evident that the complainant purchased Cell Phone Samsung J7 from Standard TV Centre, Sultanwind Road, Amritsar vide bill dated 16.8.2016 for Rs. 16000/- vide bill Ex.C-2. The complainant has duly insured the mobile handset with the opposite party  by making payment of Rs. 1750/- from 17.8.2016. It was the case of the complainant that there occurred a problem with the display of the mobile on 31.8.2016 and complainant lodged complaint with the opposite party on 1.9.2016 which was received by the complainant  on 2.9.2016 and in this regard job sheet dated 2.9.2016 was issued by the opposite party, copy of the same is Ex.C-3 on record.  However, after receiving the handset on 2.9.2016 opposite party has never contacted with the complainant . The complainant again on 14.10.2016 contacted the opposite party and the opposite party handed over the mobile set of the complainant in a very devastating condition  and the complete display of handset of complainant was broken. After receipt of the handset complainant was shocked to see the condition of the handset . On the protest made by the complainant, officials of the opposite party received back the handset from the complainant and made an entry on the job sheet Ex.C-3. Thereafter the complainant requested the opposite party to return back the mobile set , but the opposite party did not pay any heed  and the handset is still lying with the opposite party. The evidence adduced by the complainant has gone unrebutted on record as opposite parties, despite due service, did not opt to appear and contest the complaint and thereby the opposite party impliedly  admitted the claim of the complainant, which further shows that the opposite party had no defence to offer for contesting the case of the complainant. The very fact that opposite party  has been retaining the mobile handset in dispute since 2.9.2016 goes on to show that the mobile handset in dispute was beyond the scope of repair. In such a situation, the effective remedy available to the complainant would be the refund of the price of the mobile handset in dispute. The act and conduct of the opposite parties amount to deficiency in service.

6.       Consequently we allow the instant complaint ex-parte with directions to opposite party to refund the sale price of the mobile handset in dispute amounting to Rs.16000/- alongwith interest @ 9% p.a. from the date of filing of the complaint until full and final recovery. However, in para 4 of his complaint, complainant has averred that a sum of  Rs. 5234/- was paid by the opposite party to the complainant against the actual value of the mobile set i.e. Rs. 16000/-. So if any amount (as has been admitted by the complainant himself) has been received by the complainant,  opposite party is liable to pay the remaining amount after deducting the amount of Rs. 5234/- from Rs. 16000/-. Opposite party is also directed to pay compensation to the tune of Rs. 2000/- for causing harassment to the complainant.  Cost of the litigation are assessed at Rs. 1000/-. Compliance of this order be made within a period of 30 days from the date of receipt of copy of this order ; failing which, complainant shall be entitled to get the order executed through the indulgence of this Forum. . Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room.

Announced in Open Forum

Dated : 4.5.2017