Judgment : Dt.17.1.2018
Shri S. K. Verma, President
This is a complaint made by one Sri Barun Das, 4/1/H/3, Mathur Babu Lane, P.O. & P.S.-Tangra, Kolkata-700 015 against M/s Anannya Infotel (Micromax service centre), 1st floor, Amarkunja Building, C/65, Bagha Jatin Station Road, P.S.-Jadavpur, Kolkata-700 092, OP No.1, Micromax House 90B Sector 18 P.S.-Gurgaon, Gurgaon-122015, Haryana, OP No.2 praying for an order against the OPs for payment of Rs.5,499/- to the Complainant and further order for direction upon the O.P.s to pay compensation of Rs.10,000/- and litigation cost of Rs.10,000/-.
Facts in brief are that Complainant purchased one mobile set on 18.12.2016 after paying Rs.5,499/-. Since 5.8.2017 the mobile set suddenly switched off and Complainant could not use it. Complainant submitted the mobile set on 11.8.2017 to the Anannya Infotel, a micromax service centre. But the mobile set could not be made operative. Complainant made effort to get it repaired, but OPs failed to repair the mobile set. Complainant wrote letters to OP No.1 & 2 through Speed Post. So, Complainant has stated that OPs made deficiency in service and engaged in unfair trade practice. So, Complainant filed this case.
OPs did not filing written version and contest the case. So the case is heard ex-parte.
Decision with reasons
Complainant filed affidavit-in-chief wherein he has reiterated the facts mentioned in the complaint petition.
Main point for determination is whether Complainant is entitled to the reliefs as prayed for.
On perusal of the prayer portion of the complaint petition, it appears that the Complainant has prayed for refund of Rs.5,499/- because the mobile set became defective after about nine months. Further, it appears that Annexure B reveals that mobile set was under repair and warranty and as such, Complainant was entitled to get repairing of the mobile which he has purchased, which OPs failed to do.
As such, we are of the view that Complainant is entitled to refund of Rs.5,499/-. Complainant has also prayed for compensation of Rs.10,000/- and litigation cost of Rs.10,000/-.
Considering the suffering of the Complainant, we are of the view that if compensation of Rs.2,000/- and litigation cost of Rs.1,000/- is given justice would be served.
Hence,
ordered
CC/538/2017 and the same is allowed ex-parte. OPs are directed to pay Rs.5,499/- with compensation ofRs.2,000/- and litigation cost of Rs.1,000/- within two months of this order, in default the total amount shall carry interest @ 10% from the date of this order till realization. The liability of OPs is joint and several in nature.
