Per Sh. RakeshKapoor, President
On 8.8.2009, the complainant had purchased a mobile handset from the OP for a sum of Rs 7,000/-. It is alleged that after a few months the handset stopped working. The complainant took the handset to the OP on 29.12.2009. the handset was kept by the OP who had asked to the complainant to come after a week in order
Page No. 1 Order CC 43/14
to receive the handset after repairs. It is alleged by the complainant that he has been visiting the OP several times but the Ops have neither repaired nor handed ove the handset to him. The handset is still lying with the Ops. Hence, the complaint.
Despite notice the OP has failed to contest the complaint and has been proceeded with ex-parte. In his ex-parte evidence the complainant filed his own affidavit dated 11.3.2013 .
We have heard arguments advanced at the bar and have perused the record.
The complainant has placed on record an invoice which shows that he had purchased a mobile handset from the OP. he has also purchased on record a job sheet dated 23.12.2009 which shows that the handset had been deposited with the OP for repairs. The complainant has deposited on oath that the handset had neither been repaired nor returned back to him. There is no rebuttal to the above evidence , we therefore , hold tha the OP was deficient in rendering the services to the complainant. The handset which was purchased on 8-8-2009 had stopped working within a few months and was handed over to the OP who had failed to repair it and returned the same to the complainant. We, therefore, direct the OP as under:-
- Pay to the complainant a sum of Rs. 7,000/- along with interest @ 10% p.a.from the date of institution of this complaint i.e. 10.6.2011 till payment.
2.Pay to the complainant a sum of Rs2500/- as compensation for pain and agony which will also include the cost of litigation.
Page No. 2 Order CC 43/2014
The OP shall pay this amount within a period of 30 days from the date of this order failing which they shall be liable to pay interest on the entire awarded amount @ 10% per annum. IF the OP fail to comply with this order, the complainant may approach this Forum for execution of the order under Section 25/27 of the Consumer Protection Act.
Copy of the order be made available to the parties as per rule. File be consigned to record room.
Announced in open sitting of the Forum on.....................
