O R D E R

SUBHASH GUPTA, MEMBER

The complainant has filed the present complaint against the O.Ps u/sec. 12 of Consumer Protection Act, 1986. The facts as alleged in the complaint are that the complainant purchased a mobile handset make LAVA IRIS XI WHITE  for a sum of Rs.6700/- on 9.10.2014 from OP-3.  It is submitted that mobile handset was giving trouble from the very beginning and for its repairs the mobile handset was submitted with the authorized center on 20.2.2015 and 11.3.2015 but the same could not be repaired by the OPs.  It is also admitted in the complaint that the mobile handset was taken back by the complainant.  The complainant has alleged in the complaint that a defective mobile handset has been sold to the complainant for which he claims a new mobile handset and also compensation and penalty from the OPs.

2.     Notice of complaint was issued to all the OPs.  OP-1 & 2 has filed its written statements and none appeared on behalf of OP-3.  During the course of proceedings on 22.1.2016, the counsel for the OP-1 offered to refund the cost of mobile handset i.e. Rs.6700/- but the complainant did not accept the offer and claimed compensation also. 

3.     We have carefully considered the arguments of both the parties and are of  the  considered  view  that  the  interest of  justice would be met if the OP-1 is directed to refund an amount of Rs.6700/- i.e the cost of mobile handset to the complainant.  The complainant is also awarded a sum of Rs.1500/- as compensation which will also include the cost of litigation.  Before the payment is released to the complainant he shall handover the mobile handset alongwith accessories to the OP. Ordered accordingly.

Copy of the order be sent to the parties as per rules.

  Announced on this 23^rd day of February, 2016.       

 (K.S. MOHI)                   (SUBHASH GUPTA)                     (SHAHINA)

   President                              Member                                   Member