Date of filing : 29/11/2017

Order No.  8  dt.  29/03/2018

        The case of the complainant in brief is that the complainant purchased one mobile handset made of Karbonn being model name and no. K9 virat 4G from Bigbazar E-zone Sealdah on 15.1.2017 at a cost of Rs.5,490/-. After purchase of the mobile, the complainant found that that the mobile set was not functioning in normal way. It was found that the screen touch issue was not working properly, sound was not clear for which the complainant rushed to the place where from he purchased the mobile set i.e. from Bigbazar Sealdah. Whenever the complainant came to learn the address of the service center and he rushed to there on examination of the mobile set the o.p. opined that the parts of the mobile set was not available. The complainant was requested to take back the mobile set but he declined to receive the same.

            Complainant on numerous occasions tried to make contact with o.p. no.-1 for redressal of his grievance but no fruitful result was achieved for which the complainant filed this case praying for direction upon the o.p. refund of the amount of Rs.5490/- towards price of the mobile set as well as compensation of Rs.30,000/- and litigation cost Rs.10,000/-.

            The o.p. did not file any w/v as such the case has proceeded ex parte against the o.ps. The Ld. Lawyer for the complainant filed an affidavit on advance whereby stated the entire fact including the documents to show he purchased the set manufactured by o.p. no.1.

            Complainant also filed documents regarding the job sheets where from it is evident that the mobile set became defective during the warranty period. Complainant also filed the Tax Invoice which goes to show that it was purchased by him on 15.1.2017, since the evidence of the complainants has remained unchallenged and the defect in the said mobile arose during the warranty period. Therefore, he hold that the complainant will be entitled to get back the price of the mobile set as well as compensation and litigation cost.

            Hence, ordered,

            That the CC No.337/2017 is allowed ex-parte with cost against the o.p. The o.p. is directed to refund the price of the mobile set i.e. Rs.5490/- only to the complainant and also to pay compensation of Rs.1000/- only for harassment and mental agony and litigation cost of Rs.500/- within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.