PER MR.B.S.WASEKAR, HON’BLE PRESIDENT

1)                The present complaint has been filed by the complainant under section 12 of the Consumer Protection Act, 1986.  According to the complainant, he had purchased the Swipe Connect 4E mobile handset from the O.P.No.1 for Rs.3,500/- on 9^th May, 2015.  The O.P.No.1 had given warranty for one year.  Within eight days from the date of purchase, manufacturing defect was found in the mobile handset.  It was repaired. But again, it stopped functioning.  It could not be repaired.  Therefore, notice was issued but there was no compliance.  As the handset was defective and the opponents failed to repair or replace the mobile handset, the complainant has filed this complaint for recovery of handset price of Rs.3,500/- with interest.  He has also claimed damages of Rs.20,000/- towards mental agony and legal expenses of Rs.15,000/-.

2)                Both the opponents remained absent though duly served therefore, the matter was proceeded exparte against both the opponents. 

3)                According to the complainant, he had purchased the mobile handset from the O.P.No.1 for Rs.3,500/-.  He has produced the copy of payment receipt showing payment of Rs.3,500/-.  The O.P.No.1 had given warranty for one year.  Within eight days from the date of purchase, the handset was found defective.  In spite of requests, defect was not repaired.  The opponents failed to repair or replace the mobile handset thereby the complainant suffered from mental agony.  As there is deficiency in service on the part of the opponents, the complainant has filed this complaint for recovery of purchase amount of Rs.3,500/- with interest.  As the opponents failed to repair or replace the mobile handset, the complainant is entitled for purchase value of Rs.3,500/- with interest. The evidence produced by the complainant is not challenged by the opponents.  Hence, it is accepted.  The complainant has also claimed compensation of Rs.20,000/-.  As the directions are given to pay the purchase amount with interest, the complainant is not entitled for compensation.  Besides this, the complainant is entitled for the cost of litigation Rs.3,000/-.  Hence, we proceed to pass the following order.

ORDER

1. Complaint is allowed.
2. The opponents are directed to refund Rs.3,500/- (Rs.Three Thousand Five Hundred Only) to the complainant with interest at the rate of 9% per annum from the date of filing of the complaint i.e. from 18^th December, 2015 till realization. 
3. The opponents are also directed to pay Rs.3,000/- (Rs.Three Thousand Only) to the complainant as cost of this litigation.
4. The above order shall be complied with within a period of one month from today.
5. Copies of this order be sent to the parties free of cost.

Dictated & Pronounced on 14^th March, 2016