The fact of the complainant in a nutshell is that the complainant purchased one micro oven  and it was within the warrantee period.  The micro over was not properly functioning.  The complainant states that  and alleged that the complainant called the men of service centre and then men came and repaired the machine.  The machine started to work properly.  Thereafter, two or three days the machine again not functioning properly.  The complainant states that again he by phone and went to the service centre to repair the said machines.  But the men of the service centre did not come and repair the said machine.  Having no other way the complainant sent one notice requesting them to repair the machine.  But the men of the service centre did not take any initiative to repair the machine and told the complainant that one parts to be changed.  But the time is over. The complainant again called the service centre by phone. Then the O.P. told the complainnt that the parts has been sent to Delhi for emergency basis and again replied that the parts come within 2/3 days and they will reparir the machine. In this wasy the O.P. is harassing the complainant on some pretext. Thereafter, the complainant went to Consumer Affairs Dept. where both the complainant and O.P. was called for and to decide the matter by amicable settlement between the parties.  Though the complainant was present there but the O.P. did not attend the Dept.

                The complainant further states that he come before the Ld. District Consumer Disputes Redressal Forum for redress.  The complainant further state that due to old age and non-participation of the O.P. service centre the complainant suffering and prayed before the Ld. Forum for wastage of time and he prayed before this forum with a direction to the op service centre  to pay Rs.20,000/- towards compensation for mental pain, agony and harassment.

                O.P. in this case though received the summons but failed to contest the case and the case is fixed for exparte against the O.P.  Complainant himself argued the case.  Ample opportunity was given to the O.P.  But neither the O.P. nor any representative on behalf of the O.P. appeared to move their case.  The Forum is in the opinion to hear the case exparte.

                Therefore, it is hold that the complainant has able to prove the deficiency of service against the O.P.  In this connection to prove this case some documents have been filed by the complainant.  Such as Xerox copy of tax invoice, Xerox copy of letter to the Asmit Exclusive Service Centre regarding repair of machine, Xerox copy of letter addressing to the Sr. Post Master, Xerox copy of letter of Assistant Director, Consumer Affairs and FBP, Hooghly, R.O., evidence on affidavit and brief notes of argument. 

                From the above documents it is transpires that in this case though received the summon the O.P. did not appear.  The uncontested testimonial of complaint proves the case of the complainant.  Thus the case succeeds exparte and as such the complainant get the relief as prayed for.  There is nothing to disbelieve the complaint of the complainant.  Hence, it is

Ordered

that the case be and the same is allowed exparte against the O.P. with litigation cost of Rs.2000/-.  The O.P. is further directed to pay compensation of Rs.8000/- as compensation for mental pain, agony and harassment to the complainant.  The above direction will be complied with within 45 days from this date of order, failing which the complainant is at liberty to execute the same through this Forum. The office is directed to send this order to the address of the O.P., Asmit’s Exclusive Service Centre, immediately.

Let a copy of this order be supplied to the complainant free of cost.