ORDER                                  

Manju Bala Sharma, Member

1. Instant complaint has been filed by complainant on 03.02.2017 against the OPs stating there in that the complainant purchased LEMAX 128 GB Gold mobile phone bearing IMEI No. 868189020199206 from  flipkart.com (online)  for a sum of Rs. 36999/-  vide Retail /Tax Invoice/ Bill No. CHN_PUZHAL_0120160300388519 dated 29.03.2016.  After few days the mobile handset has fallen and its screen got damaged. The complainant had submitted his handset in the service centre at hotline communication (OP1) and after inspection OP1 asked him to pay Rs 11536/-  so that OP1 can replace the handset with   new warranty. The complainant paid Rs. 11536/-  in cash to OP1 vide   receipt no. 201604140209 dated 14-04-2016   and OP1 replaced the phone with new one bearing IMEI no. 868189020204220.    After few months the replaced mobile handset got defective as the system hangs at the time of booting and complainant had called the service centre who advised him to submit the phone at the service centre. On 05-10-2016 complainant submitted the replaced mobile phone with OP1 ,service center , vide job sheet no. 201610050256 under the warranty period and OP1 noted the symptom “power symptom and system hang at booting EUI” and told that the phone will be delivered within a week.  When the complainant reached for collection of his phone, OP1 told him that the phone is irreparable and OP1 will refund only Rs. 28000/-.   Complainant had also called customer care centre (18003016 1838)  and lodged complaint bearing no. 16121500207 regarding repairing or replacement of the faulty handset, but OP1 neither replaced the phone nor took any action.   Finding no other option, complainant sent a mail on 15-12-2016 to the OPs but the OPs neither sent any reply nor paid any heed to till date.   To amiably resolve this dispute, the complainant  even wrote a letter to the OPs stating his grievance and requesting them to take notice of the issues being faced by him and resolve  the same at the earliest. The complainant also called the executive of the opposite party several times but till date the problem has not been resolved and the complainant was just given false assurances by the officials of the OPs. Pleading deficiency in service on the part  of OPs complainant prayed to direct OPs to refund the cost of phone i.e. Rs. 36,999/- or replace the phone with a new warranty of one year and to pay Rs. 40,000/- as compensation for mental torture along with Rs. 20,000/- as litigation cost.
2. Notice was issued to OPs but nobody entered appearance on their behalf though served hence proceeded exparte on 03-04-2017. Affidavit of the evidence has been filed by the complainant in support of the complaint reiterating the facts stated in the complaint along with the documents  i.e. copy of bill (Annexure 1), copy of receipt (Annexure 2), copy of job sheet (Annexure 3) and copy of mail dated 15.12.2016 (Annexure 4).
3. We have heard the complainant present in person and gone through the file and documents placed on record.
4. The complainant has stated in his complaint as well as in the affidavit that the complainant purchased the mobile in question from Flipkart (online ) and the same fell down and screen got damaged, the complainant approached OP1 who asked him to pay Rs. 11536/- and the mobile in question will be replaced.  The complainant has paid Rs. 11536/- vide receipt (Annexure 2)  and a new phone with fresh warranty was given to the complainant but as the same got defective the same was deposited with OP2 vide job sheet (Annexure 3) and complainant stated that the phone is still lying with OP2.
5. As nobody entered appeared on behalf of the OPs though served we have no other option but to believe the story put forth by the complainant.  We therefore hold OPs liable for the deficiency in service on their part. As the new mobile was submitted by the complainant in the service center on 15.10.2016 , the complainant has  used the mobile for approximately six months.  We , therefore, direct the OPs to pay jointly and severally a sum of Rs 30,000/- as the estimated cost of the mobile phone, Rs. 5,000/- as compensation and Rs. 2000/- as cost of litigation.
6. This order shall be complied with by the OPs within a period of 30 days from the date of receipt of this order failing which interest @ 10% shall be payable on the entire above mentioned amount from the date of this order till realization.  Copy of this order be sent to all the parties free of cost.   File be consigned to Record Room. 

                        Announced this ___________day of __________2017.