PRESENT:      Complainant in person.

OPs exparte.

                            ---

PER LAKSHMAN SHARMA, PRESIDENT

          Mrs.Om Kalia  has filed this complaint under section 12 of the Consumer Protection Act, 1986 praying therein that OPs be directed  to :-

i)              Pay a sum of Rs.7,490/- towards the price of the mobile set along with interest.

ii)         Pay a sum of Rs.1,000/- on account of transportation charges.

iii)    Pay a sum of Rs.3,500/- on account of loss of salary of 8 days.

iv)         Pay a sum of Rs.15,000/- on account of mental harassment.

v)              Pay a sum of Rs.200/- as telephone charges.

vi)         Pay a sum of Rs.5,000/- as costs of litigation.

2.        In brief, the case of the complainant is that she purchased a Sony Ericcsson W 610i Mobile Set for Rs.7940/- vide bill No.1253 dated 24.02.2009 from   Naresh Departmental Store (OP-1). According to the complainant, the set was having hanging problem since the day of its purchase. She requested OP-1 for its repair who advised for change of Sim. Accordingly, the complainant got changed the Sim by spending Rs.100/- but the problem still persists. On 05.03.2009, the service centre (OP-2) changed the software but that too could not solve the problem.  The complainant again approached the service centre on 13.03.2009 but the set was returned with the remarks “liquid damaged” vide job card of even date. According to the complainant, OPs failed to repair the problem of hanging in the mobile set which amounts to deficiency in service and unfair trade practice on the part of OPs. In these circumstances, the present complaint was filed seeking the reliefs mentioned above.

3.        OPs No.1 and 2 were duly served but nobody appeared on their behalf either in person or through counsel. Therefore, they were ordered to be proceeded against exparte.

4.        OP-3 initially appeared through Sh.Virender Mishra but subsequently he absented. Therefore, OP-3 was also ordered to be proceeded against exparte vide order dated 11.01.2010.

5.        We have heard the complainant in person and have gone through the entire record including documents, annexures, affidavits etc. 

6.        Annexure C-1  is the copy of the bill whereby the mobile set in question was purchased by the complainant for a sum of 7490/-. The copy of the job card dated 13.03.209 has also been placed on record. From this document, it is apparent that the handset in question was having hanging problem. The complainant in her affidavit deposed that she had purchased the handset from OP-1 for a sum of Rs.7490/- but since the day of its purchase, it is giving problem. She sent the mobile set for repairs but the same has not been repaired so far to her satisfaction. Despite the fact that she changed the software, the problem of hanging still persists. Thus, OPs have failed to repair the handset and have failed to make it functional. Thus, there is no deficiency in service on the part of OPs.

7.        In view of the above findings, this complaint is allowed with a direction to OPs to replace the handset in question with a new handset of the same model and make with warranty of fresh one year. OPs are also directed to pay to the complainant a sum of Rs.5000/- as compensation for mental agony and harassment besides Rs.3000/- as costs of litigations.

8.        This order be complied with by OPs within one month from the date of receipt of its certified copy, failing which OPs shall be liable to pay Rs.12,490/- to the complainant along with penal interest @ 18% p.a. from date of filing of the complaint i.e. 30.10.2009 till its realization besides costs of litigation.

9.        Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

16.02.2010

Sd/-

(LAKSHMAN SHARMA)

PRESIDENT

cm

sd/-

(ASHOK RAJ BHANDARI)

MEMBER