The complainant Utpal Saha purchased a mobile phone from Mobile World, the O.P. No.1 being Model No. HTC 816G Octacore being IMEI No. 356064062881301 for a total amount of Rs. 19,700/- (Rupees Nineteen Thousand Seven Hundred Only) on 10/03/2015. The O.P. No.1 issued cash memo. The said mobile was under warranty for a period of one year from the date of purchase. After 6-7 months of purchase the phone started malfunctioning and the complainant approached the Service Centre the O.P. No.2 about the said non-functioning of the mobile. After receiving compliant the O.P. No.2 asked the complainant to deposit the mobile for service and the mobile is deposited with the O.P. No.2 till date from 06/10/2015 and issued an HTC Care Service Report dt. 06/10/2015. On the said job sheet of the Service Centre in the column of “ Remark” it was written ‘Set Dead’, ‘MIC problem’ ‘downloading problem’, under the column Symptoms it was written no power, cannot boot. After two weeks when the complainant approached the O.P. No.2 to collect the mobile phone to find that the O.P. No.2 handed over the phone only to be seen that there were some scratches on the screen and display of the phone as such he refused to receive or take back the said mobile. The complainant requested the O.P. No.2 to replace the phone as it was within the warranty period. He visited the shop of O.P. No.2 numerous times and lastly on 22/08/2015. O.P. No.2 refused to replace the said phone. Thus it is the case of the complainant in short.
O.P. No.1 and O.P. No.2 entered appearance and filed their written version respectively. O.P. No.3 did not appear before this Ld.Forum vide Order dt. 01/07/2019, thereafter. The case is fixed for ex parte since the contesting O.Ps failed and /or neglected to file questionnaire since after filing of Affidavit-in-Chief on 06/02/2018 vide Order No. 24. So far numerous reminders were given to the O.Ps to file questionnaire but they utterly neglected the order of this Forum.
Hence, ex parte.
Today is fixed for ex parte hearing. The evidence of complainant Utpal Saha is tendered. Original documents being tax invoice / cash memo of the mobile set, warranty card and job sheet of O.P. No.2 are filed herewith .Also heard the Ld.Lawyer of the complainant.
::Points for Discussion::
1)Whether there is any deficiency in service and /or unfair trade practice on the part of O.P. Nos. 1 and 2 ?
2) Whether the complainant is entitled to get any relief or reliefs as prayed for ?
::DECISION WITH REASONS::
Both the points are taken up together for discussion.
It is admitted fact that the complainant purchased mobile set of HTC make for a sum of Rs. 19,700/- (Rupees Nineteen Thousand Seven Hundred Only). It is also a fact that the mobile set became dysfunctional within seven months of purchase and the defects are very much clear on the job sheet issued by the O.P. No.2. The O.P. No.1 has stated in his W/V that the O.P.No.1 was informed by O.P. No.2 that the said mobile set was repaired but the complainant refused the O.P. No.2 in taking over the handset as he found some scratches on the mobile screen. No endeavor was made by the O.P. Nos. 1 and 2 to hand over a defect free mobile set because a mobile phone purchased by the complainant in the year 2015 for a sum of Rs. 19,700/- (Rupees Nineteen Thousand Seven Hundred Only) without doubt a latest model which he wanted to upgrade himself with. The contesting O.Ps failed to show their bonafide in handing over a defect free mobile set which is of a latest specification as purchased by the complainant in the year 2015. We find that the complainant suffered loss of mental pain and agony also.
Hence, it is ordered that a sum of R 19,700/-(Rupees Nineteen Thousand Seven Hundred Only) being the price of the handset be given to the complainant along with compensation of Rs. 5,000/-(Rupees Five Thousand Only) and along with litigation cost of Rs. 2,000/-(Rupees Two Thousand Only)
C.F. paid is correct.
Hence, ordered that
the case be and the same is allowed ex parte against the O.P. Nos. 1,2 and 3 without cost.
A sum of Rs. 19,700/-(Rupees Nineteen Thousand Seven Hundred Only) being the price of the handset be given to the complainant along with compensation of Rs. 5,000/-(Rupees Five Thousand Only) and along with litigation cost of Rs. 2,000/-(Rupees Two Thousand Only) to be paid by the O.P. Nos. 1 and 2 in equal share within 45 days from the date of passing of this order failing which a fine of Rs.100/- (Rupees Hundred Only) per diem shall be paid by the O.P. Nos.1 and 2 in equal share from the 46th day till final payment. The complainant shall put this order in execution after 45 days from the date of this order.
Let a copy of this order be given to the parties free of cost on proper application.
