Per Mr.B.S.Wasekar, Hon’ble President
1) The present complaint has been filed by the complainant u/s 12 of the Consumer Protection Act, 1986. According to the complainant, on 8th April, 2010, he had purchased one Nokia mobile handset Model No.5130 with IMEI No.35152049050578 from the O.P.No.1/Shop for `5,000/-. When he came at his house he found that the said mobile handset was defective therefore on the next date he requested O.P.No.1 to replace it. The Manager of O.P.No.1 refused to replace and asked the complainant to approach O.P.No.2 on the first floor of O.P.No.1/Shop. The complainant approached O.P.No.1. The O.P.No.1 issued service job sheet dated 9th April, 2010 and promised to replace the handset. The complainant handed over his handset to O.P.No.2. The O.P.No.2 failed to replace it till 17th April, 2010. On 17th April, 2010, the complainant issued notice to opponents. The said notice was received by the opponents but they failed to replace the handset. Therefore, the complainant has filed this complaint for refund of the purchase price with interest. He has also claimed damages for mental agony.
2) Both the opponents were duly served but they remained absent. Therefore, the complaint was proceeded ex-parte against both the opposite parties. The complainant has filed affidavit of evidence and produced purchase bill, service job sheet and copy of notice and postal acknowledgements. After going through the record. following points arise for our consideration.
POINTS
Sr. No. | Points | Findings |
1) | Whether there is deficiency in service ? | Yes |
2) | Whether the complainant is entitled for refund of the purchase amount with interest ? | Yes |
3) | Whether the complainant is entitled for compensation ? | Yes |
4) | What Order ? | As per final order |
REASONS
3) As to Point No. 1 to 3 :- According to the complainant he had purchased mobile handset from O.P.No.1 for `5,000/- on 8th April, 2010. The complainant had produced copy of bill showing the purchase of mobile handset of Nokia company model No.5130 with IMEI 35152049050578 for `5,000/-. According to the complainant the said handset was defective therefore he approached the O.P.No.1 with request of replacement. The O.P.No.1 refused to replace and directed him to approach O.P.No.2. The O.P.No.2 received the handset and agreed to replace it under service job sheet dated 9th April, 2010. On perusal of service job sheet handset was defective and the O.P.No.2 agreed to replace it. As the opponents failed to replace it the complainant issued notice dated 17th April, 2010. The complainant has produced copy of notice with postal acknowledgements showing the service of notice on the opponents. Inspite of notice, the opponents failed to replace the handset. Notice was not replied or complied by the opponents. Therefore, the complainant has filed this complaint.
4) The documents produced by the complainant shows that he had purchased Nokia handset for `5,000/- from O.P.No.1. It was defective. The O.P.No.2 agreed to replace it but failed to replace. Inspite of service of notice, the opponents failed to comply with it. On perusal of bill, there was warranty of one year for handset and six months accessories. The handset was defective. Defect was pointed out on the next day. Therefore it was necessary for the opponents to replace the handset. Opponents failed to reply or comply with the notice. Even though notice of complaint was served on the opponents they failed to appear and challenge the contentions of the complainant. As the handset was within warranty warranty period, the opponents are bound to replace it. Considering the time gap, we think it just to direct the opponents to refund the price amount of `5,000/- to the complainant with interest. The complainant has claimd compensation. Inspite of several requests and notice, the opponents failed to replace the handset thereby complainant suffered mental agony. Hence, the complainant is entitled for compensation. We think compensation of `5,000/- is reasonable. The complainant is also entitled for cost of proceeding. Hence, we proceed to pass the following order.
ORDER
1) Complaint is allowed.
2) The opponents are directed to refund the amount of `5,000/- (Rs. Five Thousand Only) to the complainant with interest at the rate of 9% per annum from the date of filing of the complaint i.e. 22nd February, 2012 till its realization.
3) The opponents are directed to pay compensation of `5,000/- (Rs. Five Thousand Only) to the complainant.
4) The opponents are also directed to pay `1,000/- (Rs. One Thousand Only) to the complainant towards the cost of this proceeding.
5) The order under clause No.2 to 4 shall be complied with within a period of one month.
6) Copies of this order be sent to the parties free of cost.
Pronounced
Dated 25th November, 2013
