JUDGEMENT

          Complainant by filing this complaint has submitted that he purchased one SONY Ericsson Mobile Handset being Model No.W810i and after purchasing the same he sustained some problem in respect of the said handset and he also found the set off problem and for which he deposited the said mobile set to the service centre named Babli Media Centre after that he asked this op Service Centre for removing the problem.  But op reported that it cannot be repaired at this stage.  But complainant must have to wait till the parts are available.  But thereafter he failed to handover the same after proper repairing.  But they reported that after repairing of the handset, it shall be reported to the complainant.  But waiting since 29.03.2012, complainant did not get any relief and practically he went to the op’s service centre for getting back the same.  But they reported that they are not able to search out the mobile and asked the complainant to come after getting the telephonic information of the op.  But considering the harassment made by the op, complainant suffered much and ultimately for getting relief he submitted his complaint before this Forum and prior to that he lodged a complaint before the Asstt. Director, CA&FBP, Kolkata Eastern where said authority sent notice through Speed Post with A/D, but none came and ultimately this complaint was filed praying for refund of the purchased money of the said mobile of Rs.10,490/- including litigation cost and compensation.

          Fact remains notice of the complaint was duly served upon the op the Babli Media Centre on 06.05.2014 and notice was received by him which is evident from track result of India Post wherefrom it is found that the said item was delivered to Babli Media Centre on 06.05.2014.  But even after the said notice op did not turn up and so the case was ultimately heard exparte.

                                                     Decision with reasons

          On proper consideration of the materials on record including argument of the complainant and also relying upon the document, it is clear that complainant Biswajit Saha purchased one SONY Ericsson Cell Phone IMEI No. 35657401-384004-0 at a cost of Rs.10,490/- on 22.11.2007 from SONY WORLD and as per said receipt, it is clear that Babli Media Centre is a service centre of SONY.

          Fact remains that on 29.03.2012 for some set off problem complainant deposited the mobile set to Babli Media Centre on proper receipt, customer’s job card was issued and from that receipt it is clear that Babli Media Centre received the said handset of mobile but did not return as yet which is further proved from the fact when he went to the op and he did not get back the said mobile phone.  He submitted a complaint before the Office of Asst. Director, CA & FBP, Kolkata Eastern and the authority concerned tried to mediate the matter but Babli Media Centre did not co-operate and did not participate for which the said authority on 05.12.2013 reported the complainant that he may move to the proper Forum to settle the claim if he desires because op did not ready to return of SONY Ericsson Hand set which was handed over for repairing to Babli Media Centre.

          Considering all the above fact, it is clear that op has a service centre but it is evident that op harassed the complainant and at the same time as service centre it was his duty to return the same but said set has not yet been returned.  So, it is clear that it is no doubt an unfair practice on the part of the service centre and practically no service has been rendered even after receipt of the same and truth is that as yet op has not returned it for which complainant’s allegation is proved very well and further it is proved that op adopted an unfair trade practice because as service centre it is his duty to return it after repairing but it has not been done.  It is no doubt unfair practice in the eye of law.

          In the result, the complaint succeeds.

          Hence, it is

                                                               ORDERED

          That the complaint be and the same is allowed exparte against the op with a cost of Rs.5,000/-.

          Op is hereby directed to return the said handset after proper repairing and making it defect free in all respect to the complainant within 15 days and if it is not possible for him in that case op shall have to refund a sum of Rs.10,000/- as cost of the said set as it was used for sometime by the complainant and same must be paid within 15 days from the date of this order and it is passed as alternative relief.

          For harassing the complainant in such a manner by the op and for causing mental pain and agony and also for deficiency and negligence of service, op shall have to pay sum of Rs.5,000/- as compensation to the complainant within 15 days from the date of this order.

          For adopting unfair practice, op is imposed punitive damages to the extent of Rs.6,000/- which shall be paid to this Consumer Forum and it is imposed for checking unfair trade and deceptive manner of practice as adopted by the op and to check and control such sort of practice as followed by the op with the customer.

          Op is hereby directed to comply the order within 15 days very strictly from the date of this order failing which penal action shall be started and further penalty shall be charged and for which op shall be responsible for that.