O R D E R

Subhash Gupta, Member

The complainant has filed present complaint against O.P under section 12 of the Consumer Protection Act, 1986.  The facts as alleged in the complaint are that complainant had purchased a Samsung Galaxy S-4 mobile phone bearing IMEI No.355167056008996 from OP vide bill No.10082 Book No.101 dated 02.06.2013 for a sum of Rs.39,500/-.  On the very same date O.P gave mobile phone V Care warranty for the years 2013-14 and also gave accidental damages and water damage cover for two years.  On 01.01.2015 the above said mobile phone started giving trouble and the complainant went to the shop of the O.P.  The complainant took the mobile phone for repairs and OP issued one receipt/ Job Card of M/s Orian Telecome Services, CB-217, 3^rd Floor, Ring Road, Naraina, New Delhi and returned the said mobile phone in defective position after 50 days.  It is alleged that O.P changed the original touch system by local company.  The O.P had taken out original parts of complainant mobile phone and installed local ones which were not functioning well.  It is also alleged that on 25.02.2015 the complainant also went to the shop of the O.P and narrated whole incident but the O.P flatly refused to listen.  It is further alleged that on the very same day complainant called the Police at No.100.  On arrival of Police officials the O.P sent the complainant at Rameshwar Traders, 38, Nishant Kunj, Pitampura, Near Kohat Enclave, Metro Pillar No.335, New Delhi for repair of mobile phone.  It is alleged that the said shop owner told about the deficiencies in above mobile phone and charged Rs.170/- for checking of mobile fee.  He further asked to pay Rs.17,760/- i.e. mobile phone parts + repair and further asked to pay Rs.8,000/- for touch screen replacement.  It is also alleged that he further assured that the above said mobile phone will work smoothly after the above said changes.  It is alleged that at the time of handling over the mobile phone to the O.P there were few defects in mobile phone but at the time of changing of touch screen the O.P changed the original parts to duplicate and since then the complainant mobile phone is not working properly.  It is also alleged that complainant made several complaints and sent reminders to the O.P but all in vain.  Complainant has also sent a notice dated 26.02.2015 but to no avail.  On these facts complainant prays that O.P be directed to replace defected mobile phone with a new one and also to pay compensation as claimed.

2.     The O.P was duly served but it did not put in appearance, therefore, it was proceeded with ex-parte vide orders dated 29.04.2015.  Complainant has filed his affidavit in evidence testifying all the facts as alleged in the complaint.  

3.     We have carefully gone through the record of the case and have heard submission of the complainant.

4.     From the perusal of record we find that complainant has placed on record invoice vide bill No.10082 Book No.101 dated 02.06.2013, Delhi which shows that Samsung Galaxy S-4 mobile phone bearing IMEI No. 355167056008996 was purchased by the complainant for Rs.39,500/-.  The complainant has also placed on record copy of the V Care warranty which shows that the sum of Rs.3,999/- was paid by him towards 2 years warranty against Liquid and Physical damage and 1 year service warranty.  This warranty was issued by the vendor i.e. Carino Telecom at the time of sale of Mobile phone.

5.     That the complaint, documents placed on record are supported by the affidavit of the complainant and all averments raised in the complaint are un-controverted and there is nothing to disbelieve the version of the complainant.  In view of the above, we find that there is a deficiency in service by the O.P and therefore, it is liable to replace the mobile phone of the same make within 30 days from the date of order.  The O.P is also liable to pay Rs.5,000/- as compensation for causing mental agony and harassment to the complainant.  This amount will also include cost of litigation.  In case this amount is not paid within 45 days from the date of order, the complainant will be entitled to interest @ 9% from the expiry of 45 days till it is actually paid to him.  Ordered accordingly.

        Copy of this order be sent to the parties as per rules.

Announced this 2^nd day of December, 2015.

(K.S. MOHI)                  (SUBHASH GUPTA)                (SHAHINA)                   

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