Counsel for the parties:

For the complainant: In Person

For the O.Ps: Exparte

                                   JUDGMENT

              The facts of the complaint  in brief is that,  the complainant has purchased  one  Lenovo K8 Note ,Model No.XT1902-3 from E-commerce site called Amazon for an amount of Rs13,998/- and paid cash vide Invoice No.MAA4-248643 dt.01/09/2017 . During its daily usage  one day  the mobile got switched off  and it  was never got switched on again. The complainant went to the authorized service center of Opposite Party  Company situated at  Jayanagar, Bangalore, Karnataka and after its diagnosing the set  they provided the complainant with a repairing price  quotation of Rs.14,132/-. In order to verify  the same the complainant contacted the Lenovo ser vie center at Bhawanipatna and they asked the complainant   a price of Rs.17,000/-  to repair the said product.  The complainant bought the mobile set at Rs.13,998/-  and the service center asking repairing cost  worth of Rs.17,000/-  and as a  matter of fact  the same mobile set is available  on the same website  i.e. Amazon at a price of Rs.9,999/- . Despite of all efforts by the complainant the Opp.Party Service Center  did not repair the mobile in a legitimate price and even  they failed to justify as to why the repairing charges of the mobile set is more than the selling price . Finding no other option the complainant approached this forum  and prayed to  direct the OP to replace the defective mobile set  with a compensation  of Rs.20,000/-   for the loss of  his educational date  and other expenses incurred  therein. Hence, this complaint.      

               On being noticed,  the O.P neither  appeared nor filed written version as such the Opposite Party was set exparte and we proceeded the matter in absence of Opposite Party .                                                                           

              Heard and perused the complaint petition and documents filed by the complainant and we accept the grievance of the complainant. The Complainant  argued that the O.ps have sold a defective  mobile set  to the complainant and claimed that the O.P caused deficiency in service and deprived of the complainant of enjoyment of the mobile  which caused mental agony and harassment to the complainant.

Now we have to see whether there was any negligence of the Ops  in providing  after sale service  to the complainant as alleged ?

We perused the documents filed by the complainant.  Since the mobile set found defective after its purchase    and   the complainant  informed the Opp.Party regarding the defect but the  Opp.Party   claimed   repairing charges of Rs.14,132/- whereas the complainant has purchased the said handset at Rs.13.998/- which is quite unreasonable . At this stage we hold that  if the Mobile set  require  servicing which is more than the price of its purchase   then it can be presumed that the whole  mobile set is defective one and  the Opp.Party has sold defective mobile set  to the complainant , the complainant is entitled to get refund of the price of the article or to replace a new  one or  remove the defects  and also the   complainant is entitled  and has a right to claim compensation and cost to meet his mental agony , financial loss.  In the instant case  as it is appears that the mobile set  which was purchased by the complainant had developed  defects with  its regular usage  and the Opp.Party failed to  restore its normal functioning within a reasonable price. It appears that the complainant invested  a substantial amount and purchased the mobile set  with an expectation to have the effective benefit of use of the article. In this case, the complainant was deprived of getting beneficial use of the article and deprived of using the mobile set. Hence, in our view the complainant has right to claim compensation to meet  his mental agony, financial loss. Hence,  it is ordered.

 ORDER

              The  opposite party is   directed to replace the mobile set  with a new one of the same model   and pay  compensation of Rs.3,000/-  for mental agony undergone by the complainant and cost of Rs.1000/- within one month from the date of receipt of this order, failing to comply the above order within the stipulated period of thirty days the O.Ps are liable to refund the purchase amount of the mobile set i.e. 13,998/- with interest   @  12%  p.a. till the date of its payment. Accordingly the complaint is allowed.

              Pronounced in open forum today on this 6^th day       ,June,2020 under the seal and signature of this forum.

Member                                             President

Documents relied upon:

By the complainant:

1. Copy of   Invoice No. MAA4-248643 dt.01/09/2017
2. Copy of Quotation dt.4.07.2019
3. Copy of  Warranty Card

By the Opp.Party: Nil

 President