COMPLAINT FILED:13.10.2011.
DISPOSED ON:29.12.2011
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)
29th DAY OF DECEMBER 2011
PRESENT :-
SRI. B.S. REDDY PRESIDENT
SMT. M. YASHODHAMMA MEMBER
SRI. A. MUNIYAPPA MEMBER
COMPLAINT NO.1874/2011
Complainant | Amitesh Aghariya, No.18/6,9th ‘F’ Main, 6th Cross, Hosahalli, Vijayanagar, Bangalore-560 040. In person. V/s. |
OPPOSITE PARTY | Micromax, M/s Srinivasa Mobile Care, No.16/2, 9th Main Road, Jayanagar, 3rd Block, Opp:Jos Allukas, Bangalore-560 011. Ex-parte. |
O R D E R
Sri.B.S.REDDY,PRESIDENT
The complainant in person filed this complaint seeking refund of the amount of Rs.3,500/- with expenses of Rs.2,000/- from OP.
2.In spite of service of notice, OPs failed to appear, hence placed ex-parte.
3.The complainant filed affidavit evidence and produced documents.
4.We have gone through the complaint averments and affidavit evidence of the complainant coupled with the documents produced. On the basis of these materials it becomes clear that the complainant has purchased Micromax Handset (Model No.X450) on 07.08.2011 from OP for Rs.3,499/-. The handset purchased was having mother board problem, the same was given to Service Centre on 17.08.2011 but the Service Centre has not attended the problem. The complainant has approached the Service Centre many times but they are giving some sort of lame reasons and excuses. Till November that handset is not returned by attending the repairs. The very fact of defective handset supplied by OP amounts to unfair trade practice and deficiency in service. The complainant is entitled for refund of the amount with interest at 9% p.a. along with litigation cost of Rs.500/-. There is no reason to disbelieve the unchallenged affidavit evidence of the complainant. The very fact of OP remained ex-parte leads to draw inference that Op is admitting the claim of the complainant. Accordingly, we proceed to pass the following:
O R D E R
The complaint filed by the complainant is allowed.
OP is directed to refund an amount of Rs.3,500/- with interest at 9% p.a. from 07.08.20011 till the date of realization and pay litigation cost of Rs.500/- to the complainant.
This order is to be complied within four weeks from the date of its communication.
Send copy of this order to both the parties free of costs.
MEMBER MEMBER PRESIDENT
Cs.
