Complainant files hazira. 

The case is fixed today for hearing exparte argument.

Heard the ld. advocate of the complainant.  Perused the record.

The brief facts of the case are that the complainant purchased one Micromax Canvas Blaze “MT500 Black Cell Phone” from the OP No.1 on 25.05.2015 through Flip card vide Invoice No.4174, Order No.0D202940677126283500 at a price of Rs.6,395/- for his personal use but he could not able to operate the cell phone due to some problem specially in net operation and connection.  Complainant then made complaint before the authorised retail shop i.e., OP No.2 herein on 22.06.2015 to solve the problem and to repair the phone but without doing any repair they returned the handset to the complainant.  Complainant again gave the cell phone on 03.07.2015 to the OP No.2 and requested to repair the handset and to deliver him in workable condition or to refund the entire amount so that he can purchase a new one.  Thereafter, the complainant visited the shop of the OP No.2 on several times but OP No.2 neither repaired the mobile set nor refund the money.  The fact was narrated to OP No.1 through e-mail and several correspondences were made but the complainant did not get any positive result.  Without getting any alternative the complainant lodged a complaint before the Assistant Director, Consumer Affairs & Fair Business Practices, Siliguri, but the OPs did not turn up before the said office.  Hence, this case. 

The case was admitted and notice was duly served upon the OPs.  But the OPs neither appeared nor contested the case.  Hence the case is taken up for exparte hearing. 

In this case, the complainant has submitted original purchase invoice bill, original Job Sheet dated 22.06.2015, original copy of the mail correspondences with OP No.1, copy of letter dated 14.01.2015 etc. as documentary evidence which are marked Annexure A to H respectively. 

On perusal of the complaint, evidence and documents we are of the view that there is nothing to disbelieve the complainant and the complainant succeeds to prove his case.

Hence, it is

                    O R D E R E D

that the Consumer Case No.50/S/20156 is allowed exparte in part against the OP Nos.1 & 2 and dismissed exparte against the OP Nos.3 & 4.​

The complainant is entitled to get Rs.6,395/- for refund the price of the mobile handset from the OP Nos.1 & 2.

Complainant is further entitled to get compensation of Rs.5,000/- for mental pain, agony and harassment from the OP Nos.1 & 2.

OP Nos.1 & 2, who are jointly and several liable, are directed to pay Rs.6,395/- by issuing an account payee cheque in the name of the complainant towards the price of the mobile handset within 45 days from the date of this order.

The OP Nos.1 & 2, who are jointly and several liable, are further directed to pay Rs.5,000/- by issuing an account payee cheque in the name of the complainant for mental pain, agony and harassment within 45 days from the date of this order.

In case of default, the complainant is entitled to get interest @ 9% per annum on the awarded sum of Rs.11,395/- from the date of filing of this case till full realization. 

Failing which, the complainant is at liberty to execute this order through this Forum as per law. 

Copies of the judgment be supplied to the complainant free of cost.