Consumer Case No.68/S/2013
Order No.46.
Dt.21.11.16. The complainant’s case in brief is that he had purchased one mobile handset from OP No.1 on 18.05.2011. The purchase price being Rs.3,800/-, but the handset developed problem from the very next day. He approached OP No.1 who replaced the handset with another model however, even that did not function properly. When the complainant approached OP No.1, the said OP refused to replace that although the warranty period has still not expired, and the OP No.1 advised the complainant to approach OP No.3 for its inspection. The OP No.3 refused to replace the handset, or to repair it without payment. The complainant requested in writing the OPs to replace the handset, but to no avail, even notice to the OPs through ld advocate of the complainant proved fruitless. The complainant accordingly filed this case praying that the OPs be directed to replace his handset with a defect free mobile handset, or alternately to pay Rs.3,800/- being the purchase price of the handset, and he also prays for some other reliefs as well.
The case has been heard exparte.
In this case OP did not appear and case has been heard exparte.
Complainant has filed the following documents :-
- Xerox copy of Bill dated 18.05.2011 for purchasing the mobile handset.
- Xerox copy of letter dated 08.07.2011 addressed to the OPs with postal receipts/courier receipts.
- Xerox copy of legal notice dated 20.09.2011 addressed to the OPs with postal receipts /A/D card.
From the documents, it appears that the complainant has purchased the handset and later on handset became defective. The complainant approached the OP No.1, but no suitable and favourable action was taken by the OP Nos.1 & 3. For want of evidence of OPs, we find nothing to contradict the evidence and documents of the complainant.
In the result, the case succeeds.
Hence, it is
O R D E R E D
that the Consumer Case No.68/S/2013 is allowed exparte against the OP No.1 with cost and dismissed exparte against the OP Nos.2 & 3 but without cost.
Contd......P/2
Consumer Case No.68/S/2013
-:2:-
The complainant is entitled to get Rs.3,800/- towards the value of the mobile handset from the OP No.1.
The complainant is further entitled to get Rs.10,000/- on account of negligence and deficiency in service and harassment from the OP No.1.
The complainant is further entitled to get Rs.5,000/- towards the litigation cost from the OP No.1.
The OP No.1 is directed to pay Rs.3,800/- by issuing an account payee cheque in the name of the complainant towards the value of the mobile handset within 45 days from the date of this order.
The OP No.1 is further directed to pay a sum of Rs.10,000/- by issuing an account payee cheque in the name of the complainant towards negligence and deficiency in service of the OP No.1 and harassment of complainant within 45 days from the date of this order.
The OP No.1 is further directed to pay a sum of Rs.5,000/- 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.13,800/- 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 copies of this order be supplied to the complainant free of cost.
-Member- -Member- -President-
