Sardari Lal complainant has filed the present complaint against the titled opposite parties U/S 12 of the Consumer Protection Act, 1986 (hereinafter for short, the C.P.Act.) in which he has prayed that the opposite party no.1 be directed to replace the defective mobile handset with a new one or to repair the Mobile Phone in question and handed over the same to him. The opposite parties be also directed to pay Rs.50,000/- as compensation  on account of physical harassment and mental agony suffered by him, in the interest of justice.     

2.       The case of the complainant in brief is that he purchased a Mobile of Micromax Model X 084 of White Colour on 29.12.2014 from the opposite party no.2 for personal use. After purchasing the mobile , it was not functioning properly and the problems regarding losing of User Data, error of message, charging and battery no charging, low battery and never become full of battery, in his Mobile. Thereafter he approached opposite party no.1 who is Authorized Care Centre of Micromax Company on 1.5.2015 and told them about the problems occurred in the mobile phone. They kept the mobile phone and gave job sheet to him and allured him that some time is to be spent for making the phone to be fit and in a proper functioning condition. They called him on 6.5.2015. He approached there on the given date but opposite party no.1 instead of handing over the Mobile phone to him has misbehaved with him and mobile phone in question is still lying with them. The act of the opposite party no.1 in which they have not done their job, which is deficiency in service on the part of the opposite parties. Hence, the present complaint was preferred with the prayed relief as herein above.

3.            Notice issued to the opposite party no.2 has not been received back. None was present on its behalf, therefore, it was proceeded against exparte vide order dated 20.8.2015.

4.       In exparte evidence complainant tendered into evidence his own affidavit Ex.C1 alongwith other documents Ex.C2 & ExC3 and closed the evidence. 

5.       We have carefully gone through the pleadings of the parties; arguments advanced by their respective counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsels for the purpose of adjudication of the present complaint.

6.     The complainant has made a statement that during the pendency of this complaint opposite party no.1 has replaced the mobile phone with new one and complainant has received it. Now the remaining dispute is for compensation only.

7.      We have anxiously considered the contention of the complainant in the light of evidence on record and have found that the stand of the complainant is supported from the evidence led by him in the form of affidavit Ex.C-1 wherein it is asserted that he purchased a Mobile handset vide bill Ex.C-2 and job sheet Ex.C3. It has further asserted that soon after its purchase the handset started giving problems like power does not switch on, loss of data, error message, battery charging problem etc.

8.     From the evidential part, it is proved that the complainant time and again approached OP’s for removal of his grievance but was unnecessarily harassed by OP’s which amounts to deficiency in service on the part of OP’s. Now during the pendency of this complaint the OP no.1 has replaced the Mobile handset with new one and as such, the complainant is found entitled to the appropriate compensation. The OP no.2 did not bother to appear in the Forum and failed to satisfy the complainant and also did not care to contest the claim of the complainant and rebut the evidence led by him as aforesaid and as such it can be concluded without any hesitation that either they admit the claim of the complainant or they have nothing to say in the matter. In this way, the evidence led by the complainant goes unrebutted and unassailed qua OP no.2 and as such OP no. 2 is found deficient in providing the services to the complainant. Hence we are of this view that present complaint can be best disposed of by giving directions for payment of compensation to the complainant. We order and direct the OP no.2 to pay compensation for and on account of mental agony and harassment to the tune of Rs.3000/- to the complainant within 30 days from the date of receipt of copy of orders, failing which they will pay the amount alongwith interest @ 9% P.A.

9. Copy of the order be communicated to the parties, free of charges. After compliance, file be consigned.

   (Naveen Puri)

                                                                       President.

ANNOUNCED:                                      (Jagdeep Kaur)

September 11, 2015.                                                  Member.

*MK*