Complainant Parminder Singh has filed the present complaint against the opposite party U/S 12 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to the opposite parties to refund Tablet Mobile Price of Rs.3199/-. Opposite party be further directed to pay Rs.10,000/- as mentally and physically harassment to him.

2.        The case of the complainant in brief is that he has placed order no.1006089451 on 2.12.2016 for Tablet Set and received the same from the opposite party. After some time, it was found defective and its Key Board was not in order. He informed the opposite party. They asked to send the Tablet Mobile and assured that it would be changed. He received the changed Tablet Mobile. After some time, its speaker  also was not in order and he  sent the message to the company that the speaker of the Tablet was also not in order and they asked him to send it and the same it would be changed. They put speaker but it was also useless and then he again called the company and he was asked to send the full Tablet Mobile and third time when he received Tablet Mobile parcel, he found that there were cracks at the said Tablet Mobile and third time he was also  asked to send it. Afterwards, when he sent the same to the company, he was informed to send Rs.1800/- whereas the said Tablet Mobile was in Guarantee period. The said Tablet Mobile set has not been sent to him back and he has been harassed too much economically, mentally and physically. Thus, there is deficiency in service on the part of the opposite party. Hence this complaint.

3.       Notice issued to the opposite party had not been received back. Case called several times, but none had come present on its behalf. It is therefore, proceeded against exparte vide order dated 8.1.2018.

4.     Complainant tendered into exparte evidence his own affidavit Ex.C1  alongwith other document Ex.C2 and closed the evidence. 

5.     Ld. counsel for the complainant has argued that complainant had placed order no.1006089451 on 2.12.2016 for Tablet Set and received the same from the opposite party but it was defective one. He got changed the Tablet Mobile a number of times. Lastly he sent the Tablet Mobile to the opposite party as per direction of the opposite party but they demanded Rs.1800/- for repair whereas the Tablet Mobile was in guarantee period.

6.       After having considered the submissions of the learned counsel for the complainant, we have found that in exparte evidence complainant has filed his duly sworn affidavit Ex.C1 and photocopy of Invoice Ex.C-2 wherein he has reproduced all the allegations of his complaint more or less in verbatim. Since the said Tablet Mobile has not been sent by opposite party inspite of repeated requests of the complainant, therefore, he is found entitled not only amount paid but also appropriate compensation for harassment, mental agony and litigation expenses.

7.     In the light of our above discussion findings, complaint filed by complainant is partly accepted exparte with a direction to opposite party to refund Rs.3199/- to the complainant with interest @ 9% P.A. from the date of orders till actual payment besides Rs.2,000/- as litigation expenses.

8.            Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to records.

                      (Naveen Puri)

                                                                                  President   

Announced:                                                              (Jagdeep Kaur)

March, 26 2018                                                             Member

*MK*