Order No. 6 dt. 24/07/2018
The case of the complainant in brief is that the complainant went to the shop of the o.p. being the Nokia authorized service centre. The o.p. asked the complainant for repairing the said defect and the amount was charged to the tune of Rs.2,200/-. Since at the time of opening the glass of the said mobile set the o.p. damaged the said glass and for removal of the said glass the complainant had to pay Rs.2,200/- since the o.p. was at fault for which the complainant filed this case praying for direction upon the o.p for refund of the amount of Rs.2,200/-
O.p. has not contested the case and as such the case is proceeded ex party.
The complainant filed an affidavit of evidence whereby he stated that after purchasing of the said mobile set he went to the o.p. being the authorized service centre of Nokia. The person who was working of the said centre at the time of opening the said mobile set damaged the glass for which the complainant was asked to pay Rs.2,200/- since there was fault on the part of the o.p. The complainant filed this case praying for refund of the said amount. The evidence of the complainant has not been challenged by the o.p. The complainant was filed documents to show the repaid an amount of Rs.2,200/- for replacement of the said mobile set.
On the basis of the said fact, we hold that there is deficiency in service on the part of the o.p. and the complainant will be entitled to get the refund of the amount of Rs.2,200/- and also to get compensation of Rs.200/- and litigation cost of Rs.200/-.
Hence, it is ordered,
that the case no.146/2018 is allowed ex-parte against o.p. the o.p. is directed to refund the amount to the complainant of Rs.2,200/- (Rupees Two Thousand and Two Hundred) only and pay compensation of Rs.200/- (Rupees Two Hundred) only for harassment and mental agony as well as Rs.200/- (Rupees Two Hundred) only for litigation cost. 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.