West Bengal

Siliguri

CC/15/13

PROVAT KUMAR PAUL - Complainant(s)

Versus

BRANCH MANAGER, SAMSUNG SERVICE CENTRE - Opp.Party(s)

05 Feb 2016

ORDER

Order No.11.

       The case has been heard ex-parte.

The complainant’s case is that the complainant purchased a Samsung Cell phone from OP No.2 on 24.08.2013 with price of Rs.8,500/-.  But after purchase the same became defective.  The company replaced one time, but in spite of replacement of some parts of the Cell phone, the same stood defective.  Hence, this case for getting back price money and compensation.

The complainant filed some documents. 

In absence of OPs’ evidence, there is nothing in record to disbelieve the claim of complainant.

Therefore, the case succeeds. 

The complainant is entitled to get order as prayed for.

Hence, it is

                   O R D E R E D    

that the Consumer Case No. 13/S/2015 is allowed exparte against the OPs.

The complainant is entitled to get replacement of the cell phone or an amount equal to cost of the Cell phone of Rs.8,500/-.

The complainant is further entitle to get Rs.10,000/- towards compensation for mental pain, agony and harassment. 

The complainant is further entitled to get Rs.5,000/- for litigation cost. 

The OP Nos.1, 2 & 3, who are jointly and severally liable, are directed to replace the Cell phone or to pay an amount equal to the cost of the Cell phone of Rs.8,500/- by issuing an account payee cheque in the name of the complainant within 45 days of this days. 

The OP Nos.1, 2 & 3, who are jointly and severally 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 of this order.

The OP Nos.1, 2 & 3, who are jointly and severally liable, are further directed to pay Rs.5,000/- by issuing an account payee cheque in the name of the complainant for litigation cost within 45 days of this order.

In case of default, the complainant is at liberty to execute this order through this Forum as per law. 

Copies of this judgment be supplied to the parties free of cost.