Consumer Case No.45/S/2016
Order No.7.
Dt.21.11.16. The case is taken up for exparte order.
The case of the complainant in brief is that the complainant purchased one Micromax AQ4501 Canvas A cell Phone from the OP No.1 with Rs.6,000/- on 01.03.2015. After purchasing the said phone, it felt difficult to operate specially the net operation and connection. The complainant made complain before the OP No.2on 22.02.2016 to solve the problem and asked to repair it but they refused to do any improvement. The complainant visited several time to the OP No.2 and OP No.1 also but to no solve. Thus this case filed by the complainant.
The case proceeds exparte against the OPs.
Complainant has filed the following documents in support of this contention :-
- Original copy of the money receipt of the Micromax cell phone which is marked as Annexure- ‘A’.
- Original copy of the service centre invoice receipt dated 22/02/2016 which is marked as Annexure-‘B’.
The complainant has filed examination-in-chief.
On perusal of the complaint, exparte evidence and the documents, we are of the view that there is no nothing to disbelieve the complainant and the complainant succeeds to prove her case.
Hence, it is
O R D E R E D
that the Consumer Case No.45/S/2016 be and the same is allowed exparte against the OP Nos.1 & 2 with cost and dismissed exparte against the OP No.3 but without cost.
The complainant is entitled to get Rs.6,000/- for refund the price of the mobile handset from the OP Nos.1 & 2.
The complainant is further entitled to get Rs.20,000/- on account of harassment, financial loss and mental agony being a lady from the OP Nos.1 & 2.
The complainant is further entitled to get Rs.5,000/- towards the litigation cost from the OP Nos.1 & 2.
The OP Nos.1 & 2, who are jointly and severally liable, are directed to pay Rs.6,000/- by issuing an account payee cheque in the name of the complainant towards the price of the mobile handset within 45 days from the date of this order.
Contd......P/2
Consumer Case No.45/S/2016
-:2:-
The OP Nos.1 & 2, who are jointly and severally liable, are further directed to pay Rs.20,000/- by issuing an account payee cheque in the name of the complainant for harassment, financial loss and mental agony being a lady, within 45 days from the date of this order.
The OP Nos.1 & 2, who are jointly and severally liable, are further directed to pay a sum of Rs.5,000/- by issuing an account payee cheque in the name of the complainant towards litigation cost within 45 days from the date of this order.
In case of default of payment, the complainant is entitled to get interest @ 9% per annum on the awarded sum of Rs.26,000/- from the date of filing of this case till full realization.
In case of default, the complainant is at liberty to execute this order through this Forum as per law.
Let copies of this order be supplied to the complainant free of cost.
-Member- -President-
