The case is taken up for ex-parte judgement.

The case of the complainant in brief is that on 19/03/2016 the complainant purchased one Samsung S7 EDGE (G-935F) mobile hand set with Rs. 57,000/- vide invoice No. GEC-6737-RET. The LCD and back glass of mobile hand set was damaged and on 06.07.2016 the set was given to the OP for repairing.  The mobile was damaged during the warranty period and the OP estimated the repairing cost of the said mobile of Rs. 13,064.88/-.  Thus the case filed by the complainant.

                             The OP has not taken any step despite proper service hence the case proceeds ex-parte against the OP.

 The complainant filed documents and evidence in support of his contention.

                             The complainant filed retail invoice from which it is clear that on 19.03.2016 the complainant purchased a Samsung mobile hand set with Rs. 57,000/- so he is a consumer as per Consumer Protection Act 1986.  The OP, the authorized Samsung Service Centre also resides within the territorial jurisdiction of this Forum.  The relief as sought for by the complainant is also within the pecuniary jurisdiction of this Forum. Hence the case is well maintainable in this Forum.

                             The Complainant claims that he purchased a Samsung Mobile hand set on 19.03.2016 and within the warranty period the LCD & back glass the mobile was damaged and when the mobile was given to the OP for repairing they estimated the repairing cost of Rs. 13,064.88/- where as one of the declarations in of retail in voice is “warranty of any item will be provided by companies authorized service centre not by seller”.

                             From the above discussion & from the unchallenged documents and evidence filed by the complainant, we are of the view that there is nothing to disbelieve the complainant where in the OP did not come forward to contest the case and the complainant is entitled to get relief as prayed for.

                             Hence it is

O R D E R E D

                             The Consumer Case No. 02/S/17 be and same is allowed ex-parte against the OP.

                             The OP is directed to repair the damaged Mobile Phone of the complainant free of cost.

Contd….P/2

-:2:-

                             The OP is directed to pay Rs. 15,000/- to the complainant towards compensation for harassment, financial loss and mental agony.

                             The OP is also directed to pay Rs. 2,000/- to the complainant towards the cost of legal proceedings.

                             OP is directed to repair the damaged mobile phone upto its satisfaction free of cost and to hand over the same to the complainant within 15 days from the date of this order.

                             The OP is directed to pay the entire amount i.e. 15,000 + 2,000 = 17,000/- to the complainant within 45 days from the date of this order.

                             In case of default the complainant is at liberty to execute this order through this Forum as per law.

                             Copy of this order be supplied to the party free of cost.