A Rajesh, President.
The undisputed facts of the complainant’s case are as follows:
The complainant purchased a Carbon dual sim mobile hand set from the 3rd opposite party on 08-06-2010 for Rs. 5,550/-. The 1st opposite party is the manufacturer and the 2nd opposite party is the distributor of the handset. One year warranty was provided to the set. On 08-02-2011 the hand set went out of order with the complaints of charging problem and keypad hanging. The set was entrusted with the 3rd opposite party on the same day. But it was not returned. They could not rectify the defects since it suffers from manufacturing defect. Complainant is entitled to get refund of the price of the handset with 12% interest together with compensation of Rs. 2,000/- Hence this complaint.
2. In spite of service of notice from this Forum the opposite parties choose to remain absent in this Forum which goes to show that they would not go against the observations of this Forum for reasons of their own. Proof affidavit has been filed by the complainant. Exts. A1 and A2 were marked on his side. Heard the counsel for the complainant.
3. The points that arose for consideration.
i. Whether the complainant is entitled to get refund of the price of the mobile handset?
ii. Compensation if any.
4. Point No. i. The complainant purchased a mobile handset from the 3rd opposite party at a price of Rs. 5,550/- on 08-06-2010 evidenced by Ext. A1 receipt. On 08-02-2011 that is within the warranty period the complainant had entrusted the mobile hand set with the 3rd opposite party since the gadget suffered from complaints mainly battery charging and key pad hanging evidenced by Ext. A2 receipt issued by the 3rd opposite party. According to the complainant gadget in question is still with the 3rd opposite party, since they have not rectified the defects. He further stated that the defects were caused only due to the manufacturing defect of the gadget. Nothing is before us to controvert the contentions of the complainant. According to the Hon’ble National Commission in Soni Ericson Vs. Ashish Agarwal (IV) 2007 CPJ 294 (NC) a frustrated consumer is entitled to get refund of the price of the gadget. Which goes only to affirm our findings that a consumer shall not be left empty handed. Therefore the complainant is entitled to get refund of the price of the gadget under dispute.
5. Point No. ii. The grievance of the complainant has been legally met there is no reasons why order for compensation is called for.
6. Accordingly we partly allow the complaint and direct that the 1st and 3rd opposite parties shall jointly and severally refund Rs. 5,550/- together with interest at the rate of 12% p.a. from 18-02-2011 till realization.
The above said order shall be complied with within a period of one month from the date of receipt of a copy of this order.
Pronounced in the open Forum on this the 31st day of May 2011
