The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is M/s. Pradhan Electronics, Balasore, O.P No.2 is the Micromax Informatics Ltd., New Delhi and O.P No.3 is the Bhagabati Products Ltd., Patnagad, Uttarakhanda.

                  1. Shorn of unnecessary details briefly stated the case of the Petitioner is that the Complainant had purchased a ‘Tablet’ through ‘Online’ from “Home Shop-18” on payment of Rs.9,999/- (Rupees Nine thousand nine hundred ninety nine) only vide order No.97 2409813. But on 15.09.2015, the Complainant has been to Service Centre, Balasore for repair of the said Tablet, as the same was not charging properly and not functioning. The Complainant handed over the same to O.P No.1 for repair and obtained a job-sheet in this regard. On frequent visit by the Complainant, the O.P No.1 did not respond in a positive manner, for which the Complainant sent legal notices to all these O.Ps on 12.11.2015. The O.Ps have not returned the said Tablet, for which the Complainant has suffered from mental agony, financial loss and educational loss. Prayer for replacement of Tablet along with compensation and cost of litigation.  

                  2. The O.Ps No.2 and 3 did not prefer to appear in the case, hence they are set ex-parte on 04.05.2016.

                  3. Written version filed by the O.P No.1 through their Advocate, where they have denied about maintainability as well as its cause of action.

                  4. On perusal of the case record and documents filed by both the contesting Parties, it is noticed that:-

(i) As per Clause No.9 of Micromax warranty terms and conditions “In the event of delivery is not taken by Customer from MICROMAX within 45 (forty five) days from the date of written intimation by MICROMAX, MICROMAX reserves the right to auction the product to recover the repair”. But the O.P No.1 has not filed any copy of documents that he has intimated the Complainant regarding Tablet is ok and ready for delivery. Moreover, as per synopsis of written argument filed by the O.P No.1 through his Advocate regarding submission of flaging history note, which is provided by internet mail and job sheet conditions, but the same is not found on record.

(ii) All the O.Ps preferred to remain silent on the legal notice dt.12.11.2015 issued by the Complainant through his Advocate.

(iii) The O.P No.1 vide their written version filed on 12.04.2016 through their Advocate has admitted that “the Tablet is ready for use”. No contrary material is available in our hand at present. Hence the Order:- 

                                                       O R D E R

                      Having all regards to our judgment reflected above, the Complainant bears merit and the same is allowed in contest against O.P No.1 and on ex-parte against O.P No.2 and 3, with direction to O.P No.1 to hand over the repaired Tablet as per Job sheet dt.15.09.2015 to the Complainant within 30 days from the communication of this Order. Further, the O.P No.1 is also directed to pay a sum of Rs.2,500/- (Rupees Two thousand and five hundred) only, being compensation for mental agony and harassment including litigation cost within the above said period, failing which the Complainant is at liberty for realization of the same as per Law.

                      Pronounced in the open Forum on this day i.e. the 10th day of January, 2017 given under my Signature & Seal of the Forum.