Case of complainant-Sanjay Yadav is that on 7.5.2014, he had purchased a mobile handset of Samsung 8262,IMEI No.35971005978035 from Fancy Stationer i.e. from opposite party No.1 vide bill No.1279 for Rs.12,250/-(Annexure C-1) with warranty. That just after one month, it stop functioning properly. Then he went to the shop of opposite party No.1 and narrated about sudden developing of defect in the mobile hand set. Therefore, at the instance of opposite party No.1, he went to the shop of opposite party No.2, who did not lodge the complaint of complainant and refused to even check and repair the said mobile hand set. He requested many times but no effect. The defect could not be removed nor it was replaced hence, this complaint, filed on 22.8.2014, praying for replacement of the mobile hand set or in alternative, for return of its price, with upto date interest their besides claiming damages for harassment and litigation expenses.
2. All the opposite parties, have been duly proceeded against ex-parte vide order of this forum dated 19.12.2014.
3. In order to make out his case, the complainant has placed on record his own supporting affidavit and copy of purchase bill dated 7.5.2014.
4. Complainant has supported his aforesaid pleaded case, by way of his affidavit, as well as, by way of copy of Purchase bill. It is thus proved that during warranty period, mobile hand set sold to the complainant, became defective which could not be brought in order by the opposite parties. It is nothing but gross deficient service on the part of the opposite parties.
5. Resultantly, this complaint is hereby allowed, with a direction to the opposite parties, either to handover new replaced same make mobile set to the complainant with fresh warranty, within a period of one month after receiving copy of this order, otherwise to refund its price of Rs.12,250/- to the complainant with interest @ 9% per annum from the date of purchase i.e. 7.5.2014 till payment. Complainant is also hereby awarded litigation expenses of Rs.1100/- against all the opposite parties, who shall be jointly and severally liable to comply the order. Complainant is directed that defective mobile hand set deposited the opposite parties immediately.