Uttar Pradesh

Aligarh

CC/38/2018

VIKRANT SAXSENA S/O RAJNEESH SAXSENA - Complainant(s)

Versus

M/S FIVESTAR ELECTRONICES - Opp.Party(s)

18 Apr 2023

ORDER

न्यायालय जिला उपभोक्ता विवाद प्रतितोष आयोग अलीगढ

Complaint Case No. CC/38/2018 ( Date of Filing : 13 Aug 2018 )   1. VIKRANT SAXSENA S/O RAJNEESH SAXSENA BY NATURAL FATHER RAJNEESH SAXSENA AGE 42 YEARS S/O ASHOK SAXSENA R/O KATARI GALI JAIGANJ ALIGARH ...........Complainant(s) Versus 1. M/S FIVESTAR ELECTRONICES BHAGWANDAS RADIO MARCKET MANJUBHANJA ALIGARH 2. MANAGER INTEX TECHNOLOGY INDIA LTD 18/2 OKHALA PHASE 2 NEW DELHI 110020 ............Opp.Party(s)

BEFORE:     HON'BLE MR. HASNAIN QURESHI PRESIDENT   HON'BLE MR. ALOK UPADHYAYA MEMBER

PRESENT:

Dated : 18 Apr 2023

Final Order / Judgement The present complaint has been filed by the complainant before this commission for  the following reliefs- The Op be directed to replace the mobile or to pay the cost of the mobile with interest 12% per annum.  Compensation for physical and mental suffering Rs.10000/ Cost of Litigation with cost of notice Rs.1000/ Compensation for mental agony Rs.20000/ Complainant has stated that he is a businessman and he had purchase a mobile to his minor son from Op no.1 for Rs.4400/ which was manufactured by the Op no.2. After some time from the date of purchasing the mobile on 12.8.2017 from op no.1 the mobile started to hang. Op no.1 assured the complainant that the problem of hang would be solved automatically. Complainant submitted the mobile to authorized service center of the Op no.2 who returned the mobile 19.1.2018 stating that the mobile set would be operated automatically on touching but the mobile set could not be operated and again it was submitted to the service center but mobile set was not  return after repairing. Ops did not appear in spite of sufficient service and case was proceed ex- parte.  Complainant has filed his affidavit and papers in support of his pleadings. We have perused the material available on record and heard the complainant’s counsel. In the present case, it is proved on the basis of material on record that the complainant has purchased a mobile set from Op no.1 for Rs.4400/ manufactured by the Op no.2. It is evident from the record that the mobil;e set was not returned after repairing by the authorized service center of Op no.2. Thus the ops are jointly and severally liable to pay the cost of the mobile Rs.4400/ with pendente lite and future interest at the rate 9% per annum. Complainant is also entitled for cost of the litigation Rs.5000 and compensation for harassment Rs.5000/. We hereby direct that  the Ops shall pay  jointly and severally Rs4400/ with pendente lite and future interest at the rate 9% per annum and cost of the litigation Rs.5000 and compensation for harassment Rs.5000/. Op shall comply with the direction within a month failing which OPs shall be prosecuted for non-compliance in accordance with section 72 of the Act for awarding punishment against him.  A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded as per rule on the website of the commission for the perusal of the parties. File be consigned to record room along with a copy of this judgment.

[HON'BLE MR. HASNAIN QURESHI] PRESIDENT     [HON'BLE MR. ALOK UPADHYAYA] MEMBER