Per Mr.B.S.Wasekr, Hon’ble President 

1)                The complainant has filed this complaint under section 12 of the Consumer Protection Act, 1986. According to the complainant he had purchased Samsung Mobile Phone Model No.9500IMEI357138050721767 from the O.P.No.1 on 28^th April, 2013 for Rs.41,500/- for his personal use.  Copy of the Tax Invoice is produced on record.  Within a few months from the date of purchase, the complainant found the handset was defective.  Therefore, the complaint was lodged with the opponents on 27^th September, 2013.  In spite of several requests, the defects were not repaired.  The handset was defective at the time of purchase.  The opponents cheated the complainant by selling defecting handset.  Therefore, notice was issued to the opponents but the same was not complied.  Therefore, the complainant has filed this complaint for recovery of purchase of Rs.41,500/- and compensation for mental harassment Rs.3 Lakhs and loss of livelihood Rs.3 Lakhs. 

2)                The opponents remained absent through duly served therefore the matter is proceeded exparte. The complainant filed his affidavit of evidence and relied on the purchase bill and the notice copy. 

3)                On perusal of bill, the complainant has purchased the handset for Rs.41,500/- dated 28^th April, 2013.  the complainant has produced copy of bank passbook showing the payment of Rs.41,500/- to the O.P.No.1. The evidence on record is not challenged by the opponents.  The complainant has produced Customer Information showing the complaint about defects in the handset.  The complainant has also produced copy of notice requesting the opponents to remove the defects. According to the complainant, there was warranty.  The opponents were requested to repair the defects during the warranty period.  The opponents failed to remove the defects therefore the complainant is entitled for refund of purchase amount Rs.41,500/-. 

4)                In spite of requests, the opponents failed to remove the defects thereby the complainant suffered from mental harassment. Therefore, the complainant is entitled for compensation for mental harassment.  The compensation claimed by the complaint is excessive. We think the complainant is entitled for compensation of Rs.10,000/-. The complainant has also claimed compensation of Rs.3 Lakhs for loss of livelihood.  The evidence on record is not sufficient to show the loss of livelihood.  Therefore, the complainant is not entitled for such loss. Besides this, the complainant is entitled for cost of this proceeding Rs.2,000/-.  Hence, we proceed to pass the following order.

O R D E R

1. Complaint is allowed.
2. The opponents are directed to refund the amount of Rs.41,500/- (Rs.Fourty One Thousand Five Hundred Only) to the complainant with interest at the rate of 9% per annum from the date of the filing of the complaint i.e. 31^st January, 2014 till realization.
3. The opponents also directed to pay Rs.10,000/- (Rs.Ten Thousand Only) to the complainant as compensation towards mental agony.
4. The opponents are further directed to pay Rs.2,000/- (Rs.Two Thousand Only) to the complainant towards cost of this proceeding.
5. The above order shall be complied with within a period of one month from today.
6. Copies of this order be sent to the parties free of cost.

 Dictated and Pronounced on

19^th June, 2014