O R D E R

SUBHASH GUPTA, MEMBER

The complainant has filed the present complaint against the O.Ps u/sec. 12 of Consumer Protection Act, 1986. The brief facts as alleged in the complaint are that the complainant has purchased a karbonn A-35, mobile phone vide invoice No.1543 dated 27.03.2014 for a sum of Rs.6,300/- from O.P-1.  The mobile phone was with warranty of one year from the date of purchase.  It is alleged in the complaint that the said mobile phone become non-functional and the mobile phone was handed over to O.P-1 but it failed to remove the said defects.  It is further alleged in the complaint that on 17.05.2014 when the problems still existed, the handset was again deposited for repairs on 02.06.2014.  It is alleged in the complaint that mobile phone on various dates was deposited with the O.Ps for repairs which shows that it was not working properly.  The complainant has also filed various jobsheet indicating the same.  The complainant has prayed for refund of the cost of the handset and a sum of Rs.50,000/- as compensation.

2.     Notice of the complaint was issued to both the O.Ps who have filed their written statement.  In the written statement filed by both the O.Ps they have denied the averments raise in the complaint.

3.     On 07.01.2016 the counsel for O.P-2 offered to refund the full amount of the cost of the mobile handset but the complainant refused to accept the same.  Since O.P-2 has already offered the cost of the mobile phone, therefore, the O.P-2 is directed to pay a sum of Rs.6,300/- to the complainant.  The complainant is also awarded a sum of Rs.1,500/- as compensation for harassment which shall also include cost of litigation.  Ordered accordingly.

Copy of the order be sent to the parties as per rules.

  Announced on this 09^th day of February, 2016.        

   (K.S. MOHI)                   (SHAHINA )                  (SUBHASH GUPTA)

     President                        Member                             Member