O R D E R

SUBHASH GUPTA, MEMBER

The complainant has filed the present complaint against the O.Ps u/sec. 12 of Consumer Protection Act, 1986. The facts as alleged in the complaint are that the complainant has purchased a mobile handset make Spice for a sum of Rs.5200/- on 1.11.2013 from OP-1.  It is stated that after some time purchase the Mobile handset it  started giving trouble and after some time stopped working due to which he has suffered loss of Rs.50,000/-.  It is further stated that OP-2 on 25.8.2014 has taken mobile set for repairs and also charged Rs.600/- for repair of mobile handset.  The balance Rs.800/- was outstanding towards repair as is apparent from the jobsheet issued by OP-2.  It is stated in the complaint that OP-2 has not returned the mobile handset till date.  The complainant has filed the present complaint and has claimed Rs.5200/- as cost of mobile and Rs.50,000/- as compensation.

2.     Notice of complaint was issued to all the OPs and they were proceeded Ex-parte vide order dated 19.10.2015. From the record it is apparent that mobile handset make Spice was purchased for a sum of Rs.5200/-.  From the jobsheet dated 28.8.2014, it is clear that the mobile handset, at the time of depositing it with the Service Centre was out of warranty.  It is also apparent from the jobsheet that an estimate of Rs.1400/- was given to the complainant out of which Rs.600/- was paid and Rs.800/- was outstanding.  The complainant has suppressed these facts in the complaint. 

3.     In view of documents and our observations made above, OP-2 is directed to repair the mobile handset and handover to the complainant on payment of Rs.800/ i.e. the balance charges for repairs.  Disposed of accordingly.

Copy of the order be sent to the parties as per rules.

  Announced on this 08^th day of February, 2016.        

 (K.S. MOHI)                 (SUBHASH GUPTA)                     (SHAHINA)

   President                            Member                                   Member