2. Notice of the complaint was given to the OPs, but despite service both the OPs did not come present and ultimately, both the OPs were proceeded against exparte.
3. In order to prove his case, the counsel for the complainant produced on the file affidavit of the complainant alongwith some documents at the time of filing the complaint.
4. We have heard the argument of learned counsel for the complainant and also gone through the case file very carefully.
5. Precisely, the case of the complainant in regard to purchase of the OPPO Mobile Phone model F15 8/128 purchased by the complainant from OP No.1 after making the payment of Rs.18,500/- on 28.08.2020 through Banking mode through UPI, copy of the bill is Ex.C-1. As per complainant the handset became hang and stopped working after two hours from purchase. So as per advice of OP No.1, the complainant got checked the mobile handset from authorized service centre, but after few hours the handset became hang and stopped working. The complainant lodged his grievance through email on September 01, 2020 at the customer care email ID. Email print out attached as Ex.C-2, but the staff at service centre express their inability to help the complainant and advice him to lodged an online request for replacement of motherboard and handset. Notice to the OPs sent by regd. Post, but nobody appeared on behalf of the OPs, as such, OP No.1 was proceeded against exparte on 25.11.2020 and OP No.2 was proceeded against exparte on 02.02.2021. Since OPs have chosen not to appear which shows that they have nothing to say in this case. Non-appearance of the OPs itself established that the version of the complainant that there is inherent manufacturing defect in the mobile handset and when situation is so, then the complainant is entitled for the refund of the price or replacement of the mobile handset. But in this case, the complainant has claimed the refund of the price of the mobile phone on the ground of manufacturing defect. We find there is apparently proved on the file that there is manufacturing defect in the mobile handset and thus, we hold that the complainant is entitled for the relief claimed.
6. As an upshot of our above detailed discussion, the complaint of the complainant is partly accepted and OPs are directed to refund the price of the mobile phone i.e. Rs.18,500/- alongwith interest @ 6% per annum from the date of purchase 28.08.2020 till the date of payment and further OPs be directed to pay compensation of Rs.5000/- and Rs.3000/- as litigation expenses. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.
7. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room after due compliance.
Dated Jyotsna Kuljit Singh
23.03.2021 Member President
