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 purchased a mobile phone make SONY Model Z2 (D6502) XPERIA for a sum of Rs.45,500/- from Banwari Lal & Company, 159-D Kamla Nagar, Delhi on 01.06.2014.  It is alleged that it was claimed by O.P that the mobile handset is well crafted and is dust resistant & waterproof.  The complainant has further alleged in the complaint various defects in the mobile handset which was manufactured to him by the O.P-1.  The complainant claimed refund of the cost of mobile handset, Rs.2,25,000/- towards mental agony and harassment and Rs.15,000/- as litigation cost.

2.     Notice of the complaint was issued to the O.P which denied the averments raised in the complaint.  On 01.02.2016 the O.P delivered a cheque bearing No.804176 dated 14.01.2016 drawn on Standard Chartered Bank, BaraKhamba Road, New Delhi for a sum of Rs.45,500/- which was duly accepted by the complainant.  The complainant however insisted about the remaining claims made in the complaint.

3.     We have gone through the record of the case.  In our opinion the interest of justice would be met if a sum of Rs.4,000/- is awarded as compensation towards  mental agony and harassment which amount shall also include cost of litigation.  Ordered accordingly.

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

  Announced on this 08^th day of March, 2016.        

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

     President                          Member                                  Member