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 LAVA mobile handset bearing Model IRIS 404e, IME NO.911347151399964 for a sum of Rs.4200/- on 1.8.2014 from OP-2. It is further alleged that mobile handset had several problems such as speaker problem, cracking sound, battery problem and the mobile handset getting hanged. The problems were reported to OP-2 who rectified the same but the mobile handset again became defective and gave same problems on 26.6.2015. Problems were again rectified and the mobile handset was returned to the complainant. It has been alleged in the complaint that a defective device has been sold to the complainant for which she has claimed refund of the cost of mobile handset alongwith compensation of Rs.15,000/- towards mental pain and harassment and expenses incurred by her.
2. Notice of complaint was issued to all the OPs and none appeared on their behalf therefore, they were proceeded Ex-parte on 23.9.2015. On 12.2.2016, during the course of proceedings, Counsel for OP-1 i.e. Lava International Ltd. offered to refund the cost of mobile handset to the complainant as full and final settlement of the claim. Since the OP is ready and willing to refund the cost of mobile handset to the complainant. Therefore, it can be presumed that a defective handset was sold to the complainant.
3. Therefore, OP is directed to pay a sum of Rs.4200/- i.e. the cost of mobile handset to the complainant. The complainant is also awarded a sum of Rs.1500/- towards mental pain and harassment which will also include the cost of litigation. Ordered accordingly.
Copy of the order be sent to the parties as per rules.
Announced on this 26th day of February, 2016.
(K.S. MOHI) (SUBHASH GUPTA) (SHAHINA)
President Member Member
