Complainant present in person.
Opponents exparte.
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Per Hon’ble Shri. V. P. Utpat, President
:- JUDGMENT :-
Date – 28th May 2013
This complaint is filed by consumer against Manufacturing Company and Proprietor of the Mobile Store u/s 12 of the Consumer Protection Act, 1986. Brief facts are as follows-
[1] Complainant is resident of Ganga Kalash, Alandi Road, Pune. He has purchased Mobile of Sony Ericssion on 18/5/2012 for Rs.16,569/- from the Opponent No.2. When he found said Mobile faulty he informed his fact to the Mobile Store at Baner and also sent complaint to Aundh Branch. According to the Aundh Branch there was problem in Sim Card and not in the Handset. Then complainant approached to the Show Room of Idea Company. He found that there was no problem in the Sim Card but the instrument was faulty. Then again he approached to the Opponent No.2 and requested for replacement of the Handset. But his request was denied. There were problems of no network, no bar indication and there was defect in the display. Hence repair work was not carried out. Complainant requested for replacement. After 10 days Opponent No.1 sent one old used instrument in place of new instrument. Hence the matter was reported to the Company on 31/7/2012. Thereafter complainant approached to the representatives of the Company. They assured to solve the problem. But they did not give any response. Then he approached to the Company’s service centre on 6/8/2012 and informed about the faulty instrument. Thereafter he approached Service Centre of Maharashtra State. He was assured that he would be provided new instrument on depositing the faulty instrument. But that Centre also did not solve his problem. Hence ultimately he filed present complaint for refund of cost of instrument i.e. Rs.16,569/-, interest on the said amount from the date of purchase, compensation of Rs.10,000/- for mental agony and cost of proceeding to the tune of Rs.2,000/-.
[2] Opponents though duly served remained absent. They failed to contest the complaint. Hence complaint proceeded for exparte hearing.
[3] The complainant has filed affidavit in support of his complaint as well as documents such as copy of bill of mobile dated 18/5/2012 and the correspondence between the complainant and the Opponent through e-mail. The evidence which is adduced by the complainant remained unchallenged and supported by documents The allegations made by the complainant on oath are not rebutted by the Opponents. It reveals from the record that complainant approached to the various representatives of Opponents from time to time and requested for resolving his problem. But the Opponents did not pay any heed to his request. It reveals from the affidavit that the defective mobile is in the custody of the Opponents and hence I held that complainant is entitled for cost of mobile. As there is no agreement between the parties as regards payment of interest complainant is not entitled for the same. But he is entitled to receive Rs.5000/- by way of compensation on the ground of mental agony and physical sufferings. He is also entitled to receive Rs.1000/- by way of costs of litigation. Hence I pass the following order-
:- ORDER :-
1. Complaint is partly allowed.
2. It is hereby declared that the Opponent Nos.1 and 2 caused deficiency in service by selling defective Mobile to the complainant.
3. Opponent Nos. 1 and 2 jointly and severally directed to pay to the Complainant sum of Rs.16,569/- i.e. cost of mobile within six weeks from the date of receipt of copy of order.
4. Opponent Nos. 1 and 2 jointly and severally directed to pay to the Complainant Rs.5,000/- towards compensation for mental agony and costs of Rs.1000/- within six weeks from the date of receipt of copy of order.
Copy of order be supplied to both the parties free of cost.
