Date of Filing : 14/03/2016
Order No. 18 dt. 02/02/2018
The case of the complainant in brief is that the complainant purchased a mobile set at a price of Rs.15,247/- from o.p. no.2. The o.p. no.4 is the authorized service centre of o.p. no.3. Immediately after the purchase of the said mobile the complainant noticed that there were several defects in the said mobile set, for which he brought it to the notice of o.p. no.4 for repairing of the said mobile set, but o.p. no.4 did not give any job sheet. The complainant stated that during the warranty period the defect arose in the said mobile set for which the complainant filed this case praying for direction upon the o.ps. for replacement of the mobile set or refund of the money as well as compensation of Rs.30,000/- and litigation cost of Rs.12,000/-.
In spite of receipt of notice the o.p. nos.1 and 3 did not contest this case by filing w/v and as such, the case has proceeded ex parte against them.
The o.p. no.2 is expunged from the cause title of this case.
The o.p. no.4 contested this case by filing w/v and denied all the material allegations of the complaint. It was stated that they are willing to replace the said mobile set and offered a new mobile set to the complainant, but the complainant refused to accept the same, for which the case is pending. On the basis of the said fact o.p. no.4 prayed for necessary order may be passed.
On the basis of the pleadings of parties the following points are to be decided:
- Whether the complainant purchased the mobile set from o.p. no.2?
- Whether during the warranty period the mobile set failed to function properly?
- Whether there was any deficiency in service on the part of o.ps.?
- Whether the complainant will be entitled to get the relief as prayed for?
Decision with reasons:
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. lawyer for the complainant argued that the complainant purchased a mobile set at a price of Rs.15,247/- from o.p. no.2. The o.p. no.4 is the authorized service centre of o.p. no.3. Immediately after the purchase of the said mobile the complainant noticed that there were several defects in the said mobile set, for which he brought it to the notice of o.p. no.4 for repairing of the said mobile set, but o.p. no.4 did not give any job sheet. The complainant stated that during the warranty period the defect arose in the said mobile set for which the complainant filed this case praying for direction upon the o.ps. for replacement of the mobile set or refund of the money as well as other reliefs.
Ld. lawyer for the o.p. no.4 argued that they are willing to replace the said mobile set and offered a new mobile set to the complainant, but the complainant refused to accept the same, for which the case is pending. On the basis of the said fact o.p. no.4 prayed for necessary order may be passed.
Considering the submissions of the respective parties it is an admitted fact that the complainant purchased the mobile set and during the warranty period it became defective and the complainant brought it to the notice of o.p. no.4 and o.p. no.4 was agreeable to replace the said mobile set, even during the pendency of the case o.p. no.4 wanted to replace the same and tried to hand over a new mobile set in sealed condition to the compliant, but the complainant refused to accept the same. The complainant is very much interested to have the compensation from o.ps. instead of getting the replacement of the mobile set. In view of such fact we hold that the complainant will be entitled to get replacement of the mobile set as well as compensation. Thus all the points are disposed of accordingly.
Hence, ordered,
That the CC No.105/2016 is allowed on contest with cost against the o.p. no.4 and dismissed ex parte without cost against other o.ps. The o.p. no.4 is directed to replace the mobile set in question with a new one to the complainant along with compensation of Rs.500/- (Rupees five hundred) only for harassment and mental agony within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
