EXTRACT OF ORDER NO.12 DTD.29.07.15

                                   It  is  a case    of unfair trade practice alleged against the Opp.Parties. It is submitted that complainant purchased a Mobile from OP No.1-dealer by paying Rs.1950/- on dt.30.11.2013 being Model No.ARC-10. This mobile was manufactured by OP No.2-Company. Complainant also obtained the money receipt and warranty card against the purchase of the mobile set. In the September,2014 the hand set got defective which could not be rectified by the Ops inspite of requests, hence the complaint.

                                 Though OP No.1 appeared through their Ld. Counsel but not filed any written statement into the case, OP No.2 did not appear into the case. Both the OP No.1 & 2 were set-exparte. Heard the ex-parte submission of Ld. Counsel for  the    complainant   and   case   of   OP   No.1  on   merit and   after   examining   the  documents like attested photo copy of money receipt and warranty card. It is clear that complainant has purchased the mobile from OP No.1 and the alleged defects were occurred during the warranty period. Further when the allegations are not genuinely countered by the Ops, the grievances  of the complainant are to be considered as per the provisions of C.P.Act. OP No.1 countering the allegations submits that as per the warranty and assurance of OP No.1 the complainant violating the terms and conditions has repaired the mobile and check before the unauthorized dealer. But on the plea of the OP No.1 is not substantiated by any cogent evidence. Hence, it appears that complainant has suffered for such acts of the Ops for unfair trade practice.                                        

                           Hence, we direct the Ops to refund the price of the mobile set i.e. Rs.1950/-(Rupees One thousand nine hundred fifty)only to the complainant when the set is produced before the OP No.1-dealer. Further the Ops will pay Rs.2000/-(Rupees Two thousand)only as compensation for mental agony and Rs.500/-(Rupees Five hundred)only for cost of litigation. The order is to be carry out within one month of receipt of the order, failing which Rs.50/- will be charged for the delayed period for non-compliance of the order.

                                              The  complaint is allowed in part. Order is passed with cost.

                                               Pronounced in the open Court, this the 29^th day of July,2015.