O R D E R
Subhash Gupta, Member
The complainant has filed present complaint against O.Ps under section 12 of the Consumer Protection Act, 1986. The facts as alleged in the complaint are that the brother of complainant had purchased one XOLO Q1000S mobile phone having IMEI No.911329850115263 from the OP-1 on 02.03.2014. It is alleged that after he used the said mobile, the complainant noticed that the mobile phone was creating some problems and matter was immediately reported to OP-1. As per his advice the defected mobile phone was handed over to the Service Center of OP-3 and after repairing the mobile phone same was returned to the complainant on 3.5.2014. It is alleged that again the mobile phone started giving new problems and mobile phone was handed over to OP-3 for service on 2.6.2014. It is alleged that many complaints have been made to OP-3 but all in vain. It is alleged that OPs did not bother the requests of complaint and till date the complainant is suffering due to non-availability of mobile phone as mobile phone has not been returned to the complainant. On these facts complainant prays that O.Ps be directed to pay the cost of mobile phone alongwith 18% interest and also to pay compensation as claimed.
2. The O.Ps were duly served but they did not put in appearance therefore they were proceeded ex-parte on 27.10.2014. Complainant has filed his affidavit in evidence testifying all the facts as alleged in the complaint.
3. We have carefully gone through the record of the case and have heard submission of the complainant.
4. The complainant has filed on record a copy of cashmemo vide which the mobile phone was purchased, copy of job card dated 22.4.2014 vide which mobile phone was given for repair and another copy of jobcard dated 2.6.2014 for repairs. Copies of e-mails dated 2.7.2014 and 5.7.2014 exchanged between the complainant and OP have also been placed on the file. From the perusal of documents on the file it is proved that complainant has purchased the mobile phone making Zolo(Black) for sum of Rs.12.989.89/- on which vat @ 12.5% amounting to Rs.1616.11/- was also paid, totaling to Rs.14545. The documents also show that the mobile phone was not working and was handed over to the Service Centre for repairs. There is no evidence to the effect that same was either repaired or returned to complainant by the OPs. Since the mobile phone was under warranty, therefore, it was duty of OPs to repair the mobile phone. As such, there is a deficiency in service.
5. In view of above discussions, the complainant is entitled to get the mobile phone’s cost i.e. Rs. 12.989.89/-. Rs.1616.11/- paid as vat is not being paid as the same has gone to the public exchequer. The complainant is also awarded Rs.3000/- as compensation for harassment which shall also include cost of litigation. This amount shall be paid to the complainant within 45 days from the date of order, failing which the complainant shall be entitled for interest @ 6% from the date of order till its actual realization. Ordered accordingly.
Copy of this order be sent to the parties as per rules and thereafter the file be consigned to record room.
Announced this 09th day of December, 2015.
(K.S. MOHI) (SUBHASH GUPTA) (SHAHINA)
President Member Member
