Order No.  14  dt.  02/11/2017

       The case of the complainant in brief is that the complainant purchased a mobile handset from o.p. in the year 2004 and the said mobile set was causing disturbances for which the complainant made correspondences with o.p. and he was informed that since there is a shortage of equipment they were not in a position to repair the said device and asked the complainant to buy a new FWP handset from their official site and they will reimburse the amount in its bill on a monthly basis. On the basis of the said assurance the complainant purchased a new FWP handset and the complainant was informed that the o.p. personnel would come to his place and they would swap the connection from the old handset to new one. The complainant thereafter visited the Reliance Mobile Store and he was informed that since there was a problem the connection could not be provided. The complainant thereafter visited the shop for several occasions and also made correspondences with o.p. but no action was taken for which the complainant filed this case praying for direction upon the o.p. for providing the amount to the complainant to the tune of Rs.2300/- as well as compensation and other reliefs.  

            In spite of receipt of notice the o.p. did not contest this case by filing w/v and as such, the case has proceeded ex parte against them.

            In order to prove the case the complainant filed an affidavit of evidence wherein he stated that he purchased a mobile handset from o.p., subsequently the said mobile set created disturbances which was brought to the notice of o.p. and o.p. asked the complainant for purchasing another mobile set and the connection will be provided by o.p. and bill amount will be adjusted with the amount paid by the complainant for purchasing the mobile set. On perusal of the record we find that the complainant purchased the mobile hand set at a price of Rs.2300/- and immediately after the purchase the complainant did not get connection of the mobile set as assured by o.p. The complainant thereafter made several correspondences with o.p. but no fruitful result was achieved for which the complainant suffered financial loss as well as he could not enjoy the mobile set because of not providing connection by o.p. as assured to the complainant. In view of the said fact since the evidence of the complainant has remained unchallenged, therefore we hold that there is gross deficiency in service on the part of o.p. and the complainant will be entitled to get the relief as prayed for. Thus the case is disposed of accordingly.

            Hence, ordered,

            That the CC No.485/2015 is allowed ex parte with cost against the o.p. The o.p. is directed to refund the amount of Rs.2300/- (Rupees two thousand three hundred) only to the complainant along with compensation of Rs.500/- (Rupees five hundred) only for harassment and mental agony and litigation cost of Rs.500/- (Rupees five hundred) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.

            The complainant is directed to return the mobile handset in question to the o.p. after receipt of the awarded sum.           

            Supply certified copy of this order to the parties free of cost.