O R D E R
Subhash Gupta, Member
The complainant has filed present complaint against O.Ps under section 12 of the Consumer Protection Act, 1986. The brief facts as alleged in the complaint are that complainant on 21.10.2014 purchased a mobile phone make HTC mobile phone model Desire 816 G dual sim bearing IMEI No.355702061307288 for a sum of Rs.20,140.49 from Reliance Retail Ltd. at Dwarka, Delhi. The said mobile phone carried one year warranty. It is alleged that since the very first day the performance of the mobile handset was not satisfactory. It is further alleged that the mobile phone was getting hanged very often even when the internet was not being used. The mobile phone had very poor battery back-up too. It is alleged that gradually problem of heating up of the handset also increased. The complainant contacted O.P-2 on 28.05.2015 and got registered a complaint with O.P-2 for repairs. It is further pleaded that the phone was returned back to the complainant on the same day i.e. 28.05.2015 with remarks “no repair action after testing.” It is alleged that the aforementioned problems continued in the handset and complainant again visited O.P-2 on 09.10.2015. It is further alleged that as suggested by O.P-2 the motherboard of the handset was changed but problems persisted and there was no change in the performance of the handset. It is alleged that complainant requested the O.Ps to replace the handset but the O.P refused bluntly. Complainant has also sent a legal notice dated 15.10.2015 but of no avail. On these facts complainant has prayed that O.Ps be directed to replace the defective mobile phone with new one or cost of the mobile phone and also to pay cost and compensation as claimed.
2. The notice was issued to both the O.Ps but as despite service none appeared, therefore, vide order dated 15.02.2016 both the O.Ps were proceeded ex-parte. Complainant has filed his affidavit in evidence testifying all the facts as alleged in the complaint. The complainant has also filed copy of the cash memo, copy of the HTC Repair Report issued by O.P-2.
3. We have carefully gone through the record of the case and have heard submission of the complainant.
4. The mobile handset was purchased by the complainant on 21.10.2014. The first complaint reported to O.P-2 is dated 28.05.2015. Another job card which shows that the mobile handset was not working properly is dated 10.10.2015. It appears from the documents filed by the complainant that mobile handset did not have any problem from the date of purchase upto the date of first complaint i.e. 28.05.2015. The job card dated 09.10.2015 shows that the battery was ok as per the test conducted by the service center.
5. In our considered view the O.P-1 is liable for selling defective goods to the complainant, therefore, the interest of justice would be met if the complainant is compensated by awarding Rs.10,000/- being 50% of the cost of the mobile handset as it was used by the complainant for more than 7 months. The complainant is also awarded a sum of Rs.3,000/- payable by O.P-1 as compensation for causing mental agony and harassment to the complainant. This amount will also include cost of litigation. Ordered accordingly.
Copy of this order be sent to the parties as per rules.
Announced this 11th day of May, 2016.
(K.S. MOHI) (SUBHASH GUPTA) (SHAHINA)
President Member Member
