1.Alleging deficiency of service and unfair trade practice, the complainant filed this case before this forum against the O.Ps for replacement of the mobile set or pay the cost of mobile set and compensation and litigation cost.

2. The brief fact of the case is that the complainant had purchased a mobile set MMX Q 334 from the O.P.No.1 for a consideration of Rs.4,700/-.Accordingly the O.P.No.1 had granted a receipt vide No.113 dtd.17.4.2016.After some months the aforesaid mobile set found defective as a result of which the complainant could not use the mobile set. On 30.1.2017, the complainant handed over his mobile set to the O.P.No.2 for rectification of defect. The O.P.No.2 issued job sheet vide No.1415 dtd.30.1.2017 in favour of the complainant. The O.PNo.2 did not rectify the mobile set. All though   the aforesaid mobile set found defective during its warranty period, the O.P neither rectified the defect nor replaced the mobile set.

    3. On being noticed the O.Ps appeared in this case through their advocates, but did not file any counter as such they are set exparte.

    4. The case of the complainant is that whether the complainant is a consumer against the O.Ps and whether the O.Ps caused any deficiency of service and unfair trade practice against the complainant.

 5. The complainant is a consumer under C.P.Act as the complainant had purchased the mobile set from the O.PNo.1 for a consideration of Rs..4,700/-The aforesaid mobile set found defective during its warranty period but the O.Ps did not rectify the defects of mobile which amounted to deficiency of service and unfair trade practice against the complainant.

   Taking into consideration of the case of the complainant and documents filed by him, we allow the case of the complainant in part and directed the O.P No.3 to refund the price value of the mobile setRs.4, 700/-(Rupees four thousand seven hundred) only alongwith Rs.500/-(Rupees five hundred) only towards compensation and litigation cost within one month from the date of this order, failing which the complainant is at liberty to take step against the O.Ps for realization of awarded amount. The case against O.P.No.1 and 2 is dismissed without cost. This case is disposed of accordingly.

   Order pronounced in the one court under the seal and signature of the forum this the 15 th day of November, 2017.