Judgment : Dt.17.1.2018

Shri S. K. Verma, President

            This is a complaint made by one Mr. Paresh Kumar Pal, 208/K/7 Raja Ram Mohan Roy Road, P.S.-Behala, Kolkata-700 008 against Micromax HO, 90B Sector-18,Haryana/Gurgaon-122 015; Netaji Nagar E Block, P.S. & Vill-Madhyamgram, Kolkata-700 132, OP No.1, First Serve, 76/69 DH Road, P.S.-Thakurpukur, Kolkata, OP No.2 and RG Cellulars Pvt. Ltd., 54, Ballygunge Place , P.S.-Gariahat, Kolkata-700 029, OP No.3 praying for a direction upon the O.P. to refund the cost of mobile Rs.6,200 with 10% interest and for compensation Rs.10,000/- and litigation cost of Rs.1,000/-.

            Facts in brief are that Complainant Mr. Paresh Kr. Pal purchased a mobile (Model Q 4251 IMEI) after paying Rs.6,200/- which showed problem in network connectivity immediately after that he changed the SIM three times but the problem remained persisting as there was examination of Complainant’s son there took place delay in making complain to the consumer helpline. So, Complainant filed this case.

            OP did not contest the case so the case is heard ex-parte.

Decision with reasons

            Complainant filed affidavit-in-chief.

            Main point for determination is whether Complainant is entitled to the reliefs as prayed for.

Complainant has filed Xerox copy of the tax invoice which reveals that Complainant paid Rs.6,200/- to the OP R.G.Cellular Pvt. Ltd. Since the allegation remained unrebutted and unchallenged, we are of the view that Complainant is entitled to the relief of refund of Rs.6,200/- which is the cost of the mobile. Since Complainant has not stated as to where the mobile is lying with, it would be proper to direct the Complainant to hand over the mobile set to the OP after receiving the amount.

         Complainant has prayed for compensation of Rs.10,000/- and for litigation cost. Unless the grounds for compensation are mentioned, we are of the view that compensation cannot be allowed.

Hence,

ordered

           CC/548/2017 and the same is allowed ex-parte in part. OP is directed to refund Rs.6,200/- to the Complainant within two months of this order, after the mobile set is surrendered.