- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to refund the total price of mobile hand set i.e. Rs. 3,800/-.
- To direct the opposite parties to pay Rs. 10,000/- (Rs. Ten Thousand only ) as compensation.
- To direct the opposite parties to pay Rs. 5,000/- ( Rs. Five Thousand only ) as litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that he has purchased a mobile manufactured by opposite party no. 1 with brand name Maxx Genix 7 from the shop of opposite party no. 2 on 04.06.2013 against which opposite party no. 2 has issued a receipt vide annexure – 1. At the time of purchase, opposite party no. 2 has assured the complainant that there is a warranty of one year and the company (opposite party no. 1) will provide free service. After the purchase, suddenly the camara of the aforesaid mobile stopped functioning on 07.03.2014. The complainant thereafter contacted opposite party no. 2 who informed him that opposite party no. 3 is service provider of the company. He approached opposite party no. 3 who kept the aforesaid mobile and issued job sheet which has been marked as annexure – 2. Opposite party no. 3 asked the complainant to visit his shop after 2 or 3 days. The complainant tried to contact to opposite party no. 3 on 12.03.2014 but there was no reply then he visited the shop of opposite party no. 3 on ¾ occasions who ultimately on 14.03.2014 informed him orally that the mobile cannot be repaired. The opposite party no. 3 flatly refused to replace the mobile or repair the same. The complainant then contacted opposite party no. 1 on his toll free number but no response was there and later on he was advised to meet opposite party no. 3. The complainant has visited several times to opposite parties for redressal of his grievance but his grievance has not been redressed.
From record it appears that despite issuing registered notice when the opposite parties did not appeared then vide order dated 30.06.2015 the valid tamila was declared on them and they were allowed several adjournments to file written statement but when opposite parties did not appeared then the case was heard ex – parte and this order is being passed after hearing the complainant only.
It is the case of the complainant that he purchased the mobile from opposite party no. 2 vide annexure – 1 after paying Rs. 3,800/- on 04.06.2013 and after some time the camara of the mobile become out of order and when complainant contacted opposite party no. 2 and 3 for redressal of his grievance they refused to redress his grievance compelling the complainant to file this case.
It is needless to say that the aforementioned fact has been asserted by the complainant on affidavit and there is no counter version of the opposite parties hence we have no option but to rely on the facts asserted by the complainant which clearly disclose the deficiency on the part of opposite parties.
Hence we direct opposite party no. 2 to return the price of mobile i.e. Rs. 3,800/- to the complainant within the period of one month from the date of receipt of this order or certified copy of this order failing which opposite party no. 2 will have to pay 10% interest on the said amount till its final payment.
We also direct the complainant to return the mobile purchased by him vide annexure – 1 to opposite party no. 2 at the time of receiving of the aforesaid amount. If the said mobile is in custody of complainant but if the mobile is in custody of opposite party no. 3 then opposite party no. 2 will receive the mobile from opposite party no. 3 because after returning the price of mobile, the said mobile will be the property of opposite party no. 2.
Opposite party no. 2 is further directed to pay Rs. 3,000/- ( Rs. Three Thousand only ) to the complainant by way of compensation and litigation costs within the period of one month.
Accordingly this complaint stands allowed to the extent referred above.
