In brief, the grievance of the complainant is that on 29.12.2013 by order No.936501307, he had purchased one Handset of Spice Company Querty combo mobile for a sum of Rs.2599/-  through Ecom Express Courier. After used this mobile hand set and find that the both of mobiles are out of order and the major problem was that the communication and one sides voice. The complainant told his problem to the seller about the combo mobile hand set who sent to customer care of Spice Mobile. The complainant went to customer care, the employee of the customer care  said that it is a defected piece. The complainant sent him back on 8.1.2014 through the On Dot courier. The complainant several times contacted to the setter but to no effect. The complainant sent a legal notice dated 1.4.2014 through his counsel.  Hence, this complaint, for  a direction to the opposite party for  compensation and costs by way of filing present complainant.

 for compensation, harassment and litigation expenses.

2.       Despite service, opposite party did not appear hence he was  proceeded against exparte vide order dated 7.5.2015.

3.         In order to make out his case, the complainant has placed on record Mark-A Photostat copy of   retail invoice  dated  29.12.2013,Mark-B copy of postal receipt, Mark-C copy of legal notice dated 1.4.2014, Mark-D and Mark-E copies of on Dot courier receipts and Mark-F copy of delivery run sheet and also produced his own supporting affidavit Ex.CW1/A.

 4.      The counsel for the complainant reiterated the contents of the complaint. He submitted that the mobile hand set supplied by the opposite party vide retail invoice Mark-A for Rs.2599/- were not working properly. The complainant lodged the complaint with the opposite party on telephonically. The complainant returned the said mobile hand set to the opposite party through courier on 8.1.2014 vide courier receipt Mark-D and acknowledgement of delivery of the hand set to the opposite party is Mark-F. Till date the opposite party has not returned the cost of the mobile hand set to the complainant even after the getting back the mobile hand set.

5.       We have examined the material on record. The opposite party did not bother to appear and contested the claim of the complainant. In view the pleadings and material perused by the complainant we hold that the opposite party is guilty in deficiency of service. The complaint of the complainant succeeds. Accordingly we allowed the complaint of the complainant against the opposite party and that the opposite party to pay Rs.2599/- plus interest @ 12% per annum from January,2014 till date of payment and also to pay Rs.1500/- on account of compensation, to the complainant for mental agony and harassment.

Announced:                  

Dt. 04.09.2015.