Case No. 83/2016   

IN THE MATTER OF

Ankit Agrawal S/o Sri Rakesh Agrawal R/o 13/303 Mamu Bhanja, Aligarh            

                                                         V/s

1. M/s HTC India private Limited corporate office G-4 BPTP Park Avenue, Sector-30 Near NH-8 Gurgaon 122002
2. M/s Parsva Electronics, Shop No.4 Girraj dham, Plot No.11, Sector No.10 Koparkhairirne, Navi Mumbai 400709
3. M/s New life Service Junction, Shop No.43 Malviya Marcket, G.T. Road, Aligarh

CORAM

 Present:

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhayay, Member
3. Smt. Purnima Singh Rajpoot,Member

PRONOUNCED by Shri Hasnain Qureshi, President

JUDGMENT

1. The present complaint has been filed by the complainant before this commission for  the following reliefs-

1. The Op be directed to pay mobile price Rs. 13000 with 12 % interest.
2. The Op be directed to pay compensation Rs.50000 for mental agony.
3. Cost of the case Rs.11000.

2. The Complainant has stated that he had purchased a mobile HTC desire 516 CW for Rs.13000 on 10.12.2015 from Op no.2 which was manufactured by Op no.1 the mobile set was having defects of battery backup problem, sensor not working and touch not working properly. Complainant complaint to Op no.3 the authorized service center of Op no.1 on 25.1.2016 where the mother board was changed but the problem remained the same and he went to the OP no.3 and lounged the complaint 10.2.2016. /neither the Op no.3 replace the mobile nor paid its value.  
3. Ops did not contest the case.
4. Complainant has filed his affidavit and papers in support of his pleadings.
5. We have perused the material available on record and heard the complainant’s counsel.
6. Complainant had purchased the mobile on 10.12.2015 and he had complaint on 25.1.2016 having used the mobile for more than one month and it is surprising to know as to why the complaint was not made immediately after purchase of the mobile, if there was any defect in the mobile set. Besides this, complainant has stated the defect in general terms and the defects were not pointed out with specifications. There is no substance in the compliant. Complaint is liable to be dismiss. 
7. We hereby dismiss the complaint.
8. 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 forthwith on the website of the commission for the perusal of the parties.
9. File be consigned to record room along with a copy of this judgment.