This is an application U/s 12 of the Consumer Protection Act filed by the petitioner Indranil Dutta praying for a direction on the opposite parties to replace his hand set free of cost at the earliest opportunity and to pay Rs.20,000/- as compensation and mental agony and Rs.1000/- as litigation cost.

            The case of the petitioner is that he purchased one Samsung Galaxy A5 phone from the oP no.1 Mobility World on payment of Rs.25,500/- on 16.1.2015 and the IMEI no. of the phone was 356320062132560 . The Op no.3 Samsung India Electronics Pvt. Ltd. is the manufacturer of the said phone and Op no.2 International Value Retail Pvt. Ltd. being multi brand retail store which sales

 mobile phones , electronic products and gadgets . Op no.1 is the branch of Op no.2. After opening the pack  the petitioner noticed that the hand set was a defective one and being a phone of dual seam device the petitioner found that the second seam slaught was not functional . He immediately took the phone to the oP no.1 who assured that the phone would be replaced . But later on Op no.1 told that the second slaught was damaged and so they wanted charges for repairing the same. The petitioner could not run the phone for the said defect . The petitioner finding no other alternative filed this case.

            The Ops did not appear even though notices sent in due address with proper stamps and in time and thus the case is heard exparte against them.

            The only point to be decided here is .

            Whether the petitioner is entitled to replacement of his newly purchased mobile as prayed for  and other reliefs ?

DECISION WITH REASONS :

            In support of his case the petitioner filed one affidavit along with documents viz. the purchase receipt dated 16.1.2015 proving the purchase of the

mobile phone on payment of Rs.25,500/- from Op no.1 and he also filed the letter issued by him  to the oPs on 8.2.2015 alleging defects in goods and deficiency in service and asking them to replace his phone and also pay compensation for mental agony and unfair trade practice. The oral evidence of PW 1 in the form of affidavit and the documents prove the case of the petitioner exparte as all the oral and documents evidences went unchallenged and there is nothing to disbelieve the case of the petitioner who is entitled to get the relief from the ops as he has successfully substantiated the allegations made against the Ops  .

            In view of above the claim case succeeds.

Court fees paid is correct.

Hence ordered

That the C.Case no. 40 of 2015 be and the same is allowed exparte with cost of Rs.1000/- to be paid by the Ops to the petitioner . The petitioner is entitled to get his purchased mobile replaced by a new one of the same model and status from the Ops who are jointly and severally liable for such replacement. The petitioner is also entitled to a sum of Rs.2,000/- as compensation for mental

agony and harassment and Rs.1000/- as litigation cost. The Ops are directed to comply the order of the Forum within 30 days from the date of this order, failing the amount would carry interest 6% per annum and also the petitioner would be at liberty to put the order in execution.

            The case is disposed of accordingly.

Let a copy of this order be made over to the parties free of cost.