Briefly stated that the complainant purchased a mobile of company make Samsung Glaxy Modle F-41 vide order IBD119964269760483000 vide invoice No.FAABWZ2100173987 dated 16.10.2020 for a sum of Rs. 9117/- from OPs on the platform of Flipkart. The said mobile phone went out of order on 22.9.2021. There appeared a sign on the screen and it continued to get bigger by the eflux of time. The complainant made numerous complaints and even talk to the Customer Executive Care. Accordingly, the complaint of the complainant was registered. The complainant was advised by OP No.1 to contact OP No.2 and he gave written complaint vide E-mail at the customer help line of OP No.2. There was a sign of pink colour on the screen. However, the body of the mobile was in perfect order. The complainant took the mobile to OP No.2 and it prepared a job sheet and asked the complainant that the phone will not be repaired in warranty nor will it be exchanged as the sign on the screen is due to internal pressure. The OP No.1 informed the complainant on mobile that the mobile cannot be repaired and it is returned to the complainant on 3.10.2021. OPs did not repair the mobile inspite of the same being in warranty. Aggrieved by the non repair of the mobile by the OPs, the complainant has filed the present complaint for a direction to the OPs to give Rs. 50,000/- as loss, Rs. 50,000/- as compensation besides Rs. 11,000/-  as litigation costs. 

Upon notice OP No.1 appeared through counsel but failed to file its written version within stipulated period as per the Consumer Protection Act, 2019. Hence defence of OP No.1 was struck off vide order dated 1.6.2022. However OP No.2 did not appear and was proceeded against exparte vide order dated 17.11.2021.

We have heard learned counsel for complainant as well as counsel for OP No.1 and have gone through the record of the case carefully. 

The complainant has been able to prove that he purchased the mobile from OP No.1 against the payment of Rs. 9117/-.  When the mobile of the complainant got some defect, he approached the OPs vide E-mails which are proved on record and has also taken up the matter with the Customer Care Center of the OPs. The OP No.2 has prepared a job sheet in which it has categorically written the defect as “Patches on display due to External pressure” but the column of warranty status is totally blank. This job card is of Exhibit C-4 dated 23.9.2021. The bill Exhibit C-1 is of dated 16.10.2021 and it has been specifically written on the bill that the mobile has a one year warranty. So, when the mobile went out of order/developed defect, the mobile was within warranty period. It clear shows that the OPs have willfully denied the services to the complainant for which he was entitled by virtue of the warranty.

Hence the OPs are deficient in rendering the services and have also indulged unfair trade practice. So, the complainant is entitled to get refund the price of the mobile. The OPs jointly and severally are directed to refund the price of the mobile to the tune of Rs. 9117/- alongwith interest @ 9% p.a from the date of job card i.e 23.9.2021 till its realization. The OPs jointly and severally are directed to pay Rs. 5000/- to the complainant on account of  cost and compensation for his physical and mental harassment. Compliance of the order be made by the OPs within 45 days from the date of receipt of the copy of this order. Copies of the order be supplied to the parties free of charges under the rules and file be indexed and consigned to record.