Case of complainant-Surender Kumar is that on 5.4.2014, he had purchased one Oxlo Hand set A 510S Model, IMEI No.911360250014418,  for Rs.7000/-  vide receipt No.14208 from Om Mobile and Electronics, Hisar i.e. from opposite party No.1. Oxlo Customer Care Centre i.e. opposite party No.3 is its manufacturing company and Technical Solutions,  Hisar i.e. opposite party No.2 is the customer care  centre of the company.  That  just after its purchase, complainant found many defects in it, including problems in  incoming and outgoing calls and in touch system.   At the  instance of  opposite party no.1, complainant went to the customer care  centre who kept the  Mobile hand set with it and  required the complainant to come after 2-3 days  to get it back after removal of the defects. It is further  averred in this complaint  that  despite his repeated visits, neither the mobile  hand set, was returned to him, repaired or unrepaired nor  replaced  mobile  hand set was given to him; hence this complaint, for a direction to the opposite parties, for  refund of Rs.7000/- to him i.e. the price of the hand set, with upto date interest,  besides  damages for his harassment, mental agony etc. and litigation expenses.

2                  Opposite parties, have been  duly proceeded against ex-parte vide order of this forum dated 3.9.2014

3.                 In ex-parte evidence, the complainant has placed on record Ex.C-1 copy of purchased bill;  Ex.C-2 copy of  customer care receipt and Ex.CW1/A  his own supporting affidavit.

4.                 There is nothing to disbelieve or discredit aforesaid pleaded case of the complainant, as the opposite parties have opted for being proceeded ex-parte. Case of the complainant also gets full support and corroboration from his own supporting affidavit and also from copy of purchased receipt and copy of customer care receipt  Ex.C-2  dated  5.4.2014,  mentioning the problems in the hand set. Therefore, it is proved  that mobile hand set sold to the complainant on 5.4.2014, was defective.  That only after few days of its purchase,  it was deposited with the customer care centre, when it had stopped functioning.  That thereafter it was never returned to the complainant repaired or unrepaired.  It is nothing but gross deficiency of service as well as unfair trade practice on the part of the opposite parties.      

5.                         Resultantly, this complaint is hereby allowed, with a direction to the opposite parties, to hand over duly repaired  mobile hand set in question, to the complainant, in proper working order within a period of one month,  from the date of receipt of copy of this order. If it is  not repairable, then to replace it with new mobile hand set of same or of some higher make, within the same period.  For this opposite parties shall given written notice to the complainant to collect it.    Otherwise, to refund its price of Rs.7000/- to the complainant with interest @ 9% per annum, from the date of the filing of this complaint i.e. 23.5.2014 till payment. Complainant is also hereby awarded compensation of Rs.2000/- for his harassment, mental agony etc. and  litigation expenses of Rs.220/-against the opposite parties.

6.               However, primary responsibility to comply the order shall be of opposite party No.3 being the manufacturing company. In case compliance  of the order  is made by opposite party No.1or  by opposite party No.2  as the case may be, then the complying party shall be  duly indemnified  by  opposite party No. 3,  with interest @ 10% per annum.