DIST. CONSUMER  DISPUTES  REDRESSAL  FORUM

NORTH 24 Pgs., BARASAT.

                                        C. C.  CASE  NO. 694/2014

   Date of Filing:                 Date of Admission                Date of Disposal:

  26.12.14                           09.01.2015                           18.05.2015                        

 PETITIONER                                 = Vs. =                            O.Ps.

Biswajit Das,                                                            1.M/s. Optimal Solutions,

S/o. Nirmal Kr. Das,                                               (Micromax Mobile Service Centre)

 7/B, Chappar Mahal,                                            195, Barasat Road,

Sadar Bazar,                                                                        Nonachandanpukur, Barrackpore,

 P.O. and P.S. Barrackpore,                                     Kolkata, W.B. Pin- 700122.

 Dist- North 24 Parganas,                                    2.Micromax Mobile Company Ltd,

Pin- 700120.                                                           Micromax House,

                                                                                    90B, Sector- 18, Gurgaon,

                                                                                    Pin-122015.

J U D G E M E N T

The fact of the case, in short, is that the complainant bought a micromax mobile phone vided model No. A46 Bolt on 26.06.14 from a mobile shop namely Converage of 8/1/1a/1, Hatibagan Road, Kolkata- 700014.

The complainant stated that after passing three months many problem had been arisen in the said mobile phone mainly the speaker of the mobile phone was not working, therefore, the complainant could not use the mobile and he has been suffering mental agony, pain and anxiety.

The complainant further stated that on 28.10.14 the complainant sent his mobile phone for repairing the speaker of the mobile to Micromax mobile service centre namely M/s. Optimal Solutions, 195, Barasat Road, Nonachandanpukur, Barrackpore, Kol-700122. At the time the O.P assured the complainant that the mobile phone will be repaired within a week and the O.P gave the complainant a jobsheet vide No. –E030457-1014-12993956 and the O.P told the complainant that after repairing they will contact with the complainant.  

The complainant also stated that after one week the O.P did not contact with the complainant so the complainant went to the said service centre but he did not give any importance to the complainant’s problem. The O.P told the complainant after repairing they will contact with the complainant. Therefore, the complainant is passing his days with mental agony and anxiety but the O.P harassed the complainant again and again.

The complainant further stated that on 14.11.14 the complainant sent an e-mail to

The complainant also stated that on 15.11.14 the complainant went to the said service centre for bringing his mobile phone but unfortunately it is shown that the speaker of the mobile is not repaired and also another problem has arisen in the mobile phone that one sim out of dual sim is not working, therefore, the complainant could not take the said mobile on that day.

The complainant further stated that at the time the O.P again assured the complainant that within few days he will repair the said mobile phone and the O.P gave the complainant another jobsheet vide No.E030457-1114 -13377007.

The complainant also stated that the complainant sent many e-mails to

In response, to the case, despite due notices were served upon the O.Ps, they neither appeared, nor took any step to contest. Hence the case was heard exparte.

Point for Decision:-

Whether the complainant is entitled to get any relief as prayed for?

Decision with Reasons 

Complainants have submitted affidavit in chief in support of his contention in the complaint. OPs did not file affidavit in chief. Complainants submitted the documents in support of their claim. We have perused the documents. OPs did not turn up to controvert those documents. Hence we are no hesitation to hold that complainants are entitled to get relief as prayed for.

Dictated and corrected                                                                              Contd. …. 3/-

C. C. Case No.-694/2014

                                                                        - :: 3 :: -

It appears from the Tax Invoice dated 26.06.14 filed by the complainant that the complainant purchased the mobile phone Micromax mobile “Converge” which is situated at 8/2/1a/1, Hatibagan Road, Kol-14. But the complainant has not made party the said “Converge” in this case.

It appears from the tax invoice that warranty was for one year on Handset and 6 months on Accessories.

The complainant’s main grievance is against the O.P. No.1 with whom the complainant has filed the alleged mobile for repairing but the O.P did not repair the said mobile properly and harassing the complainant without delivering the same. The complainant has prayed for refund of the amount i.e. the cost price of the mobile phone or replace the mobile phone by giving a new mobile phone.

Both the O.Ps did not turn to contest the case but admittedly the complainant purchased the mobile phone “Converge” the shop which is situated at 8/2/1a/1, Hatibagan Road, Kol-14. The complainant has not made party the shop in this case. Hence the complainant is not entitled to get refund of money or replace the mobile phone from the O.P. No.1 which is merely a repairing workshop. But due to harassment, the complainant is entitled to get compensation and litigation cost from the O.P. No.1 and the address of the O.P. No.2 is outside the state. The complainant is entitled to get any relief from O.P. No.1.

Hence

Ordered,

                                       that the complaint be and the same is allowed in part exparte against the O.P. No.1 and dismissed exparte against the O. P. No.2.

The O.P. No.1 is directed to return the mobile after repairing the same and compensation of Rs. 5,000/- for delay and Rs. 2,000/- as litigation cost to the complainant from the date of this order, failing which O.P shall have to pay sum of Rs 50/- per day from the date of this order till its realization, as punitive damages, which shall be deposited by the O.P in this State Consumer Welfare Fund.

Let copies of the order be supplied to the parties free of cost when applied for.

Member                                          Member                                              President

Dictated & Corrected by me.