1.The brief history of the case of the complainant is that she purchased a Micromax handset Model Nitro 4G E455 IMEI No.911438701516809 from OP.2 vide invoice No.1797 dt.13.06.2017 for Rs.8400/- but after few days of purchase the set developed defects of charging and overheating and hence the set was handed over to OP.3 on 31.7.2017 for repair.It is submitted that the OP.3 returned a set on 05.10.2017 which was not belong to the complainant for which again the set was handed over to OP.3 on 07.10.2017 but the OP.3 stated that the defect in the handset is not curable.Thus alleging inherent manufacturing defect in the set, she filed this case praying the Forum to direct the Ops to refund Rs.8400/- towards cost of the set and to pay Rs.10, 000/- towards compensation and cost to the complainant.

2.The Ops 1 & 2 in spite of valid notice neither filed counter nor participated in the proceeding in any manner.The Authorised Service Center(OP.3) of the Company is also closed since long as ascertained from the Process Server of the Forum.In other cases also the notice on ASC is coming back due to close of the Centre.The complainant also has not participated in the hearing.Hence this case is to be decided on merit as per documents on record.

3.In this case the contention of the complainant that she has purchased Micromax handset Nitro 4G E455 IMEI No.911438701516809 from OP.2 vide invoice No.1797 dt.13.06.2017 for Rs.8400/- is supported by retail invoice and hence the purchase of alleged handset is proved.The case of the complainant is that after few days of purchase, the handset developed defects of charging and over heat and hence she handed over the set to OP.3 on 31.7.2017 for repair but the OP.3 returned a different set for which the said set was returned to OP.3 on 07.10.2017.It is the further case of the complainant that the OP.3 opined that the defect in the set is incurable and the set is with OP.3.

4.In absence of participation and counter of the Ops the above allegations of the complainant remained unchallenged.The Job Sheet issued by OP.3 also shows that the complainant has not received back the handset from OP.3.It is seen that within warranty period, the handset developed multiple defects and ASC was unable to repair the same.As such the complainant is entitled to get refund of Rs.8400/- from OP No.1 with interest from the date of purchase.For such inaction of the Ops, the complainant must have suffered some mental agony and has come up with this case incurring some expenditure.Hence she is entitled for some compensation and costs and in our opinion, a sum of Rs.3000/- towards compensation and cost will meet the ends of justice.

5.Hence ordered that the complaint petition is allowed in part and the OP No.1 is directed to refund Rs.8400/- towards cost of the handset with interest @ 12% p.a. from 13.06.2017 and to pay Rs.3000/- towards compensation and cost to the complainant within 30 days from the date of communication of this order.The OP.1 is to collect the defective handset from OP No.3.

(to dict.)