Present : None for the complainant
Sh. Ajay Shanker,Adv.counsel for the opposite party No.1
Opposite parties No.2 & 3 ex-parte
Sh. Ajay Shanker, Adv.counsel for the opposite party No.1 suffered statement that opposite party No.1 is ready to refund 70% of the bill amount of the mobile set in question subject to return of original bill, job sheet, standby mobile hand, if any and any other accessories in the possession of the complainant pertaining to the mobile set in dispute in the possession of the complainant to the service centre within 15 days from today. Today, none appeared on behalf of the complainant. Instead of dismissing the complaint for want of prosecution, we venture to dispose off the same on merits.
The mobile handset was purchased on 1.5.2015 by the complainant vide receipt from opposite party No.2 for an amount of Rs.11000/-. Opposite party No.1 has offered to pay 70% of the sale price of the mobile handset in dispute to settle the claim of the complainant. In our considered opinion, after considering the wear and tear of the mobile handset during past one year, offer exhibited by opposite party No.1 to pay 70% of the value of the mobile handset is quite genuine and reasonable to settle the claim.
Since opposite party No.1 has accepted the claim of the complainant regarding refund of 70% of the price value of the mobile set in dispute. As such, present complaint is disposed of with directions to the opposite party No.1 to refund 70% of the price value of the mobile set in question within 30 days from the date of receipt of copy of order and the complainant is directed to return the original bill, job sheet and any other accessory in possession of the complainant to the service centre within 15 days from today. Compliance of the order be made within 30 days of the receipt of copy of order, failing which, awarded amount shall carry interest at the rate of 6% p.a.from the date of receipt of copy of passing of order till payment is made to the complainant. Copy of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.