Complainant Debasis Das by filing this complaint has submitted that he purchased one mobile phone vide No. Micromax CDMA set No. C210, MEID – 919003200528540 on 24.06.2014 on cash payment of Rs. 1,850/- from Palla Road Bazar, Burdwan and on 25.08.2014 this phone was found disturbing and has not been giving service.  So, he deposited the said mobile phone at Micromax Service Centre and the said shop required of 15 days’ time but there is not answer.  After that again op service centre asked the complainant to come after another 15 days.  But in such a manner, days after days he has been harassed by the op.  But he did not get back the said mobile phone, though he purchased it on 24.06.2014 and thereafter he met to the Micromax Service Centre who refused to attend the complainant and harassed him and after that op refused to hand over the said set for repairing or making it fit for using and for want of such mobile, complainant has suffered much for loss and practically he has suffered for want of such mobile and in the above circumstances, complainant has prayed for redressal.

          Notices were duly served upon the ops and on behalf of the op in writing, it is submitted that company is willing to replace it with giving him one year warranty.  But it is not possible for them to compensate the huge amount.  Thereafter they have submitted for asking the complainant to get replace a new mobile with another one year warranty.  But no other report is submitted by the op and op has not denied the allegation of the complainant and considering that fact we dispose of the matter finally after hearing the complainant and the op’s agent before the present Forum.

                                                       Decision with reasons

          On proper consideration of the complaint including the material documents, it is undisputed fact that complainant purchased the said mobile phone from Pen Mobile Telecom of Palla Road Bazar.

          Truth is that it was submitted by the op on 25.10.2010 to the service centre of Micromax Company.  But since then it has not been handed over to the complainant and fact remains that complainant has been harassed day to day and ultimately on 12.03.2015 Debasis Das on behalf of the op submitted a written version on 14.01.2015 that company is willing to replace the same with one year warranty.

          But most interesting factor is that the complainant purchased the said mobile for his starting business and practically for want of mobile since 25.08.2014, op has failed to contact with those other customers etc. and ultimately he again and again went to the service centre but the service centre the present op did not handover the same and no answer was given by the op, even after filing the complaint about the complainant’s allegation.

          Another factor is that on 19.02.2015 op’s agent Tarun Parekh submitted that it shall be handed over but took some time until and unless it is received from the manufacturer.  But considering all the above fact and circumstances, it is clear that the said mobile set has not yet been handed over to the complainant and no new set was handed over to the complainant but only they want to replace the same.  But such sort of assurances is false and fact remains that all the service Centre of the Micromax are behaving with the customers very unmannerly and unsocial and fact remains that the complainant’s story is a true story and no doubt he has been used by the op for which invariably op must have to compensate and shall have to pay the entire amount or the price of the said mobile including litigation cost when the negligent and deficient manner of service is proved on the part of the op.

          Hence, it is 

                                                              ORDERED

          That the complaint is allowed on contest with cost of Rs. 2,000/- against the op.

          Op is directed to pay the sum of Rs. 1,850/- as price amount of the said mobile and also shall have to pay a sum of Rs. 3,000/- as compensation to the complainant for harassing the complainant and also for not getting any proper service even after purchased of the said mobile and any further negligent and deficient manner of service on the part of the op.

          Accordingly op is directed to handover the total sum of Rs. 6,850/- ( Rs. 1,850/- price of mobile + Rs. 3,000/- as compensation and Rs. 2,000/- as litigation cost) to the op within 15 days from the date of this order, failing which for non-compliance of the Forum’s order, op shall have to pay penal interest  at the rateRs. 100/- per day till full satisfaction of the decree and if it is collected, same shall be deposited to this Forum. I.f op is found reluctant to comply the order, in that case penal proceeding u/s 27 of C.P. Act 1986 shall be started for which op shall have to pay further penalty and fine