O R D E R
Shahina, Member
The complainant has filed the present complaint against O.P under section 12 of the Consumer Protection Act, 1986. The facts as alleged in the complaint are that complainant purchased a Samsung Mobile Model No.GT 19500(S4 White) bearing IMEI No.355798054667316 from OP vide invoice No.2621 dated 24.12.2014 for a sum of Rs.21,600/-. It is alleged that at time of purchase, the complainant had also taken an insurance policy for above mentioned mobile vide cover note No.50421 dated 24.12.2014 for a period of two years and OP charged an amount of Rs.2,160/- from the complainant in this regard. It is further alleged in the complaint that on 9.11.2015 the display and touch of the said mobile phone got defected and on the same day the complainant approached the OP and handed over the mobile to the OP. It is alleged that the complainant regularly approached the OP and it was informed by the OP that the mobile handset has been sent to the service centre of Samsung. It is alleged that on 17.11.2015 when the complainant regularly approached the OP then OP informed the complainant that the motherboard of the mobile has been damaged therefore no other repairing is possible until and unless the mother board of mobile be repaired. It is also alleged that the OP demanded Rs.11000/- for the repair of the motherboard from the complainant. It is alleged that the complainant has been refused to pay the amount of Rs.11000/- to the OP as the mobile was handed over to the OP with perfect motherboard and it was the negligence on the part of OP. It is alleged that the OP started misbehaving with the complainant and on 19.11.2015 at about 1.15 P.M. the complainant called PCR by dialing 100 but the police had not been lodged any complaint against OP. It is alleged that the complainant made many efforts but all in vain. On these facts complainant filed the present complaint on 23.11.2015 praying that OP be directed to repair the aforesaid mobile to it its original position with original parts and hand over the repaired mobile to the complainant. The complainant has also claimed a sum of Rs.50,000/- towards the damages as compensation along with the interest @ 24% per annum.
2. The notice of the complaint was served on the OP but none appeared on behalf of OP, therefore, OP was proceeded ex-parte vide order dated 4.3.2016. Complainant has filed his affidavit in support of his complaint. The complainant has filed Retail Invoice No.2621 dated 24.12.2014 and filed policy No.50421 valid from 24.12.2014 to 24.12.2016 showing the purchase of the said mobile phone.
3. The complainant has also filed Job Card No.1035 dated 9.11.2015 regarding the display and touch defect in the mobile handset sold to him by the OP.
4. In view of the facts and circumstances there is deficiency on the part of the OP. The documents placed on record are supported by the affidavit of the complainant. There is nothing on record to disbelieve the version of the complainant which is uncontroverted. Hence, the OP is directed to repair the mobile handset of the complainant free of cost and hand over the repaired mobile handset to the complainant within 30 days from the date of order. OP is also directed to pay a sum of Rs.1500/- towards the damages as compensation. Ordered accordingly.
Copy of this order be sent to the parties as per rules.
Announced this 30th day of April, 2016.
(K.S. MOHI) (SUBHASH GUPTA) (SHAHINA) President Member Member
