Case No. 34/2023   

IN THE MATTER OF

Rajeev Agrawal S/o Sri Upendra Kumar Gupta R/o 1/74 chharra Adda Surendra Nagar Thana Quarasi Tehsil koil, Aligarh

                                                         V/s

1. M.I. Service  Center, Sai Plaza Ramghat Road, Aligarh
2. Rising star Mobile India Pvt.Ltd. 380 Belerica Road, Sricity Chitoor, District Andra Pradesh 517646
3. Agrawal Point, Gandhi Eye Hospital ke Samne, Samad Road Aligarh                                                                                     

CORAM

 Present:                                   

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhayay, Member
3. Smt. Purnima Singh Rajpoot,Member

PRONOUNCED by Shri Hasnain Qureshi, President

JUDGMENT

1. The present complaint has been filed by the complainant before this commission for issuing direction to the ops to compensate the complainant for mental agony and notice fee and to pay the amount Rs. 3008 paid by him  at the service center  total Rs. 30108.
2. The Complainant has stated that he had purchased a mobile Redmi 94164 imei no. 9659946053 for Rs.9500 on 16.12.2021 from Agrawal Point Samad Road Gandhi Eye Hospital to present on the occasion of marriage anniversary to her wife who is the District Judge, Dausha Rajsthan. The mobile became defective after some time which was guaranteed for a year. On 25.8.2022 the mobile was repaired by the service center at Sai Plaza Ramghat Road, Aligarh. Again the mobile became defective and again on 27.9.2022 mobile was repaired by the service center. Third time the mobile became defective and the service center charged Rs.3008 for repairing of the mobile despite of mobile being within the guarantee period. Complainant sent a notice dated 31.10.2022 to indemnify the complainant but no response.         
3. Ops did not contest the case despite of sufficient services and case processed ex parte.        
4.  Complainant has filed his affidavit and papers in support of his pleadings.

5. We have perused the material available on record and heard the complainant’s counsel.
6. There is no rebuttal of the pleadings of the complainant as the ops have not contested the case and there is no reason to disbelieve the pleadings of the complainant supported with affidavit and papers. Thus the complainant case is proved and he is entitled to the relief claimed.               

7. We hereby direct the ops to pay jointly or severally the amount Rs.30108 to the complainant.

8. Op shall comply with the directions within 45 days failing which Ops shall be prosecuted for non-compliance in accordance with section 72 of the Act for awarding punishment against him.    
9. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.
10. File be consigned to record room along with a copy of this judgment.