Consumer Case No.126/S/2016
Order No.12
Dt.12.10.17 Complainant files hazira.
The case is taken up for exparte order.
The brief facts of the case are that the complainant purchased one Micromax Canvas Model No.E455 bearing IMEI No.-M IMEI1-911438702479130/S IMEI2 911438702879131 mobile phone on 33.11.2015 through Flip Cart. Due to some operating problems the complainant submitted said Micromax phone to the Siliguri Micromax Service Centre at M/S Krishna Enterprise (W.B.) OP No.1 on 25.06.2016 within the warranty period and at that time the serviceman of OP No.1 has assured the complainant that they will deliver the phone after 3-4 days to the complainant. Thereafter on 05.08.2016 the handset was returned back to the complainant with the existing problem reported as 4201 Cellular Access (GSM) NO. CALLS IN bearing the Job Sheet No.E030526-00616-24061238, despite the fact that still the problem persists in the handset of the complainant. After lapse of few days the complainant again contacted with the OP No.1 with the said problem of the mobile phone who assured the complainant that the said matter has already been informed to the main office at Micromax House, Gurgoan. Thereafter, on several occasions the complainant contacted with the said Service Centre but the OP No.1 failed to cooperate with the complainant. Finding no other alternative the complainant then sent one e-mail mentioning all the details along with the mobile bill on 29.09.2016 to the mail ID of company praying for the replacement of the disputed handset as the problem occurred within the warranty period. The company replied through E-mail on the same day to the complainant’s e-mail address that they will respond to the complainant within 24 working hours about the problem. Thereafter, on 30.09.2016 through mail the complainant was informed that the replacement is only available within seven days from the date of purchase after the service centre finds any manufacturing defect which is totally arbitrary in nature and also come under the principle of unfair trade practice. After that till today neither the service centre nor the authorised person of Micromax Company i.e., OP Nos.2 & 3 made any contact with the complainant and despite of complainant’s regular follow ups and in spite of the complainant’s repeated request, reminders and demands to the OPs, the OPs have wilfully and deliberately failed, refused and neglected to repairing or replacing the said mobile phone of the
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complainant. Finding no other alternative, the complainant issued one legal notice to the OPs through his advocate on 05.11.2016 but the OPs did not pay any heed to the matter. Hence, this case.
The case was admitted and notice was served upon the OPs and the OPs entered appearance but ultimately they did not contest the case. Hence, the case is taken up for exparte hearing.
The complainant has field the following documents :-
- Copy of the Tax Invoice/Bill, dated 30.11.2015 – Annexure I.
- Copy of the Job Sheet dated 25.06.2016 – Annexure II.
- Copy of the Mail Communication by the complainant to the OP dated 29/09/16 – Annexure III.
- Copy of the reply mail communication dated 29/09/16 – Annexure IV.
- Copy of the Lawyer notice dated 05.11.2016 – Annexure V.
- Coy of the postal receipts – Annexure VI.
- Copy of the postal returns – Annexure VII.
On perusal of the complaint, evidence led by the complainant supported by affidavit and documents, we are of the view that there is nothing to disbelieve the complainant and complainant succeeds to prove his case.
Hence, it is
O R D E R E D
that the Consumer Case No.126/S/2016 be and the same is allowed exparte against the OP Nos.1, 2 & 3 without cost.
The complainant is entitled to get a new Micromax mobile handset against the disputed handset or refund the price of the mobile set of Rs.9,690/- from the OPs.
The complainant is further entitled to get compensation to the tune of Rs.5,000/- for mental agony and harassment from the OPs.
The complainant is further entitled to get Rs.3,000/- towards litigation cost from the OPs.
The OP Nos.1, 2 & 3 who are jointly and severally liable, are directed to replace a new handset being model No. Micromax Canvas Model No.E-455 to the complainant against the defective handset or refund the total price of Rs.9,690/- of the mobile set by issuing an account payee cheque in the name of the complainant within 45 days from the date of this order.
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OP Nos.1, 2 & 3 who are jointly and severally liable are further directed to pay Rs.5000/- by issuing an account payee cheque in the name of the complainant for mental agony and harassment within 45 days from the date of this order.
OP Nos.1, 2 & 3 who are jointly and severally liable are further directed to pay Rs.3,000/- by issuing an account payee cheque in the name of the complainant towards litigation cost within 45 days from the date of this order.
In case of default of payment, the complainant is entitled to get interest @ 9 % per annum on the awarded sum of Rs.14,690/- from the date of filing of this case till full realization.
In case of default, the complainant is at liberty to execute this order through this Forum as per law.
Let a copy of this order be supplied to the complainant free of cost.
