Complainant files hazira.
This case is fixed today for clarification on certain points.
Heard the ld. advocate for the complainant.
The case is taken up for exparte order.
The brief facts of the case are that the complainant booked a Samsung Galaxy Note Three N 9000 (Jet Black) amounting to Rs.39,999/- only through the OP No.3 (Authorised outlet of OP No.1) for delivery of the same to Bangalore vide docket no.V21436412 dated 14.02.2015 but the said mobile set was not delivered to its destination.
On 21.02.2015 the OP No.1 through email informed the complainant that the mobile handset was not traceable and requested him to initiate claim process. On 24.02.2015 the courier service as per its tracking result found that the mobile handset has been lost. The complainant then initiated the claim formalities. After that the complainant several times visited the office of the OP No.1, but the OPs did not settle the dispute. On 22.05.2015, the complainant sent a legal notice through his advocate to the OPs, but the OPs neither gave any reply nor refund the claim amount of Rs.39,999/- to the complainant. Hence, this case.
The case was admitted and notice was served upon the OPs and the OPs entered appearance, but ultimately they did not contest the case. Hence, the case is taken up for exparte hearing.
Complainant has filed the following documents :-
- Original 3 copy of acknowledge slip.
- Original copy of advocate notice.
- Original copy of sender slip.
- Original copy of product details.
- Original copy of parcel deliver letter.
- Original copy of tracking report.
- Original copy of postal order.
On perusal of the complaint, evidence led by the complainant supported by affidavit and the documents, we are of the view that there is nothing to disbelieve the complainant and the complainant succeeds to prove his case.
Hence, it is
O R D E R E D
that the Consumer Case No.73/S/2015 is allowed exparte in part against the OP Nos.1, 2 & 3 without cost.
The complainant is entitled to get Rs.39,999/- for refund the price of the mobile handset from the OPs.
Complainant is further entitled to get compensation of Rs.10,000/- for mental pain, agony and harassment from the OPs.
OP Nos.1, 2 & 3 who are jointly and several liable are directed to pay Rs.39,999/- by issuing an account payee cheque in the name of the complainant towards the price of the mobile handset within 45 days from the date of this order.
The OP Nos.1, 2 & 3 who are jointly and several liable are further directed to pay Rs.10,000/- by issuing an account payee cheque in the name of the complainant for mental pain, agony and harassment within 45 days from the date of this order.
In case of default, the complainant is entitled to get interest @ 9% per annum on the awarded sum of Rs.49,999/- from the date of filing of this case till full realization.
Failing which, the complainant is at liberty to execute this order through this Forum as per law.
Copies of the judgment be supplied to the complainant free of cost.
