Ms.Rachna Arora, Member

1.       The complainant  has brought the instant complaint under section 12 & 13 of the Consumer Protection Act, 1986 on the allegations that the complainant has purchased the Mobile Set make Mircromax Canvas Fire 4 A107 8GB Grey S014B5-SDL015875953 vide Invoice No.S014B5/15-16/5659 dated 27.2.2016 from the Opposite Party No.1 for sum of Rs.5959/- which was paid by the complainant to Opposite Party No.2. The Mobile Set in question was get out of order because it was not getting charged its battery because there was some fault in the charging point of the Mobile Set. The complainant took the Mobile Set in question    for its repair to Opposite Party No.3 on 15.2.2017 and the complainant went to Opposite Party No.3 for taking back his Mobile Set in question   , but Opposite Party No.2 gave time of 60 days  after two months and during this period of 60 days the complainant number of times, went to the Opposite Party No.3 for taking his Mobile Set in question, but they put of the matter with one pretext or the other. Till today, the complainant did not receive the Mobile Set in question    and the complainant is suffering a lot in the hands of the Opposite Parties.  Vide instant complaint, the complainant has sought the following reliefs.

a)       Opposite Parties may kindly be directed to refund the price of the Mobile Set in question.

b)      Opposite Parties be directed to impose the counsel fee.

c)       Opposite Parties be also directed to pay Rs.50,000/- on account of compensation.

d)      Any other relief to which the complainant is found entitled may also be granted to him.     

Hence, this complaint.

2.       Upon notice,  Sh.Ajay Shanker, Advocate appeared on behalf of Opposite Party No.1 and filed memo of appearance. Notice sent to Opposite Party No.2 received back unserved and none appeared on behalf of Opposite Party No.3 despite due service, as such, Opposite Party No.3 is proceeded against exparte. At this stage, Sh.Ajay Shanker, Advocate counsel for Opposite Party No.1 has made statement  before this Forum that Opposite Party No.1 is ready to refund the full price of the Mobile Set in question   of Rs.5959/- subject to return of the old hand set, accessories, bill and job sheet to the service centre of Opposite Party No.1 within 15 days from 4.7.2017.

3.       In view of the aforesaid statement of ld.counsel for Opposite Party No.1, and without going to the merits of the case, Opposite Party No.1 is directed to refund the full price of the Mobile Set in question   of Rs.5959/-  to the complainant  subject to return of the old hand set, accessories, bill and job sheet to the service centre of Opposite Party No.1 by the complainant,  within 15 days from today. But however, since the complainant was compelled to file the present complaint by spending huge amount  on the documentation and by hiring advocate, so we also direct Opposite Party No.1 to pay Rs.2000/- as costs of litigation to the complainant.    Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.

Announced in Open Forum