Complainant by filing this complaint has submitted that complainant purchased one mobile being model No. GC-360 Micromax Mobile from G.H. Mumtazuddin Times (P) Ltd on 20.10.2010 on payment of due consideration and the warranty of the said mobile/handset was covered by the manufacturer’s warranty.  But after purchase within a short span of time the said mobile was found defective and several type of non-functioning was detected.  So, complainant informed the same to the op and as per advice of the op complainant deposited the said mobile under customer job card vide job order No.BDR/06/258 dated 21.06.2011 to the office of the op for repair to remove nature of defect as made by the complainant.

          Thereafter complainant enquired about the fate of the mobile to the ops but they informed as and when mobile would be ready, same shall be delivered.  But in the meantime considerable time had already passed but ops have not informed about the fate of the mobile and practically they did not give any proper answer about its return as defect free handset.

          Finally complainant sent a letter on 14.09.2011 to the corporate office of the op at New Delhi but op did not supply and fact remains for the negligent and deficient manner of service and also for adopting unfair trade practice, complainant was compelled to file this complaint for redressal and the cause of action arose on and from 21.06.2011 and finally on 14.09.2011. 

          On the other hand the notices were served upon the op, but they refused all the notices and ultimately ops did not turn up or to contest.  So, it is heard exparte.

Decision with reasons

          After hearing the Ld. Lawyer for the complainant and also considering the complaint including the version of the complainant and also relying upon the receipt dated 20.10.2010 it is found that the said mobile was purchased at a cost of Rs.3,995/- from S.H. Mumtazuddin Times (P) Ltd.Head Office is at 4, Radha Bazar Street, Kolkata-700001and there was one year warranty supplied by the S.H. Mumtazuddin Times (P) Ltd..

          Further it is found from customer job card dated 21.06.2011 that complainant deposited the said mobile during warranty period on proper receipt of the service centre.  But truth is that till to date service center has not returned the same and fact remains since 21.06.2011 the ops have been harassing the complainant and practically complainant is being deprived to get service of such mobile handset after purchasing the same at a cost of Rs.3,995/- and the entire allegation of the complainant is unchallenged.  Though ops received notices but refused it for which it is found that it was within the knowledge of the ops that complainant may file allegation before any Court of law for which they did not turn up.  So, it is clear that ops are negligent and deficient in manner and they have adopted unfair trade practice and for which in the present circumstances the Micromax Informatics including the seller S.H. Mumtazuddin Times (P) Ltd. And Micromax service center are equally liable for adopting unfair trade practice and for which the complainant is entitled to get refund of the said amount or a fresh set as per choice of the complainant within the price limit from the ops along with compensation and litigation cost.

          Hence, it is

ORDERED

          That the complaint be and the same is allowed exparte with cost of Rs.5,000/- against the ops in exparte form.

          Ops are directed to deliver a fresh defect free Micromax Mobile Set in place of old one which is in the custody of the op no.1 and at the time of handing over the same a certificate shall be issued by the Micromax Ltd that the said handset is serviceable and is defect free along with further one year warranty and if ops failto do that in that case op nos.1 & 2 shall have to pay a sum of Rs.6,000/- when ops fail to replace a new Micromax Mobile set as per choice of the complainant and same shall be matured by the ops and shall be complied by the ops within 15 days from the date of this order failing which for each day’s delay op nos. 1 & 2 shall have to pay a sum of Rs.200/- per day till full compliance of this order.

          For adopting unfair trade practice op nos. 1 & 2 shall have to pay a sum of Rs.10,000/- to the present Forum as punitive damages and it shall also be paid within 15 days from the date of this order.

          If ops fail to comply this order in that case criminal proceeding shall be started against them even warrant shall be issued for implementation of this order and even further penalty of Rs.10,000/- shall be imposed against them.