PRESENT
Complainant in person.
Opponent Ex parte.
ORDER
(Per- Mr. S. D. MADAKE, Hon’ble President.)
1. The complainant filed complaint under section 12 of Consumer Protection Act,1986 for deficiency in service and supplying the defective L.G. mobile for Rs. 42,500/- against opponent L.G. Electronics India Pvt.Ltd. for deficiency in service.
2. The complainant purchased the mobile on 15.1.2014 having warranty of two years. The said mobile was not functioning properly during warranty.
3. The complainant produced on record five job-sheets during showing that the mobile was repeatedly sent for repair but the same was not functioning properly, during warranty period.
4. The opponent remained absent, though served with notice nor filed written statement. The forum passed order to proceed ex-parte.
5. The provisions of Section 16 of sale of goods Act. Provide that, the seller is bound to supply goods suitable for the purpose for which the same are purchased. The L.G. Electronics India Pvt.Ltd. is therefore liable to pay compensation for supplying mobile which was not proper.
6. We have perused the documents and came to the conclusion that opponent not only gave mobile which was not functioning properly but also failed to render proper service though the mobile was given for repair several times.
7. We feel that complainant is entitle to reasonable compensation for deficiency in service. We quantify the said amount to the fame of Rs.42,000/- with interest at 9 % from 12.5.2015.
8. The mobile is already in custody of opponent since 12.5.2015 and opponent is entitle to retain the same.
ORDER
1) Complaint No. 110/2015 is partly allowed.
2) The L.G. Electronics India Pvt.Ltd. ordered to pay Rs.42,000/- (Rupees
forty two thousand only ) with interest at the rate of 9 % p.a. to
complainant till realization of total amount.
3) The opposite parties are ordered to pay Rs.2,000/- (Rupees two
Thousand only ) as compensation for mental agony and Rs.2000/- as
cost.
4. Copy of this order be sent to both parties.
