Complainant present in person
Opponents absent (Ex-parte)
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Per : Mr. V. P. Utpat, President Place : PUNE
// J U D G M E N T //
(08/05/2014)
This complaint is filed by the consumer against the manufacturing company and service provider for deficiency in service as well as defects in the goods under section 12 of the Consumer Protection Act, 1986. The brief facts are as follows,
1] The complainant is a resident of Kumar Shantiniketan society, Pashan, Pune. The opponent no. 1 is the manufacturing company and the opponent no. 2 is the service provider. It is the case of the complainant that she has purchased mobile phone, which was manufactured by the opponent no. 1 and sold by the opponent no. 2. The opponent no. 2 was also under obligation to provide maintenance and repair services during the warranty period. The mobile was purchased on 17/10/2013. It was not functioning properly; hence she approached to the opponent no. 2 but the staff of opponent no. 2 was extremely uncooperative and it has not provided proper services. There were scratches on the handset when it was in the custody of the opponent no. 2. The opponents have not provided repair services during the course of warranty period, that amounts to deficiency in service. They have failed to replace mobile as well as refund the price of the mobile; hence the complainant has asked refund of Rs.28,000/-, compensation of Rs. 20,000/- for mental distress and an amount of Rs. 3,000/- towards cost of the proceeding. The total claim of the complainant is Rs. 51,000/-.
2] The opponents though duly served remained absent. Hence, the complaint proceeded ex-parte against the opponents.
3] The complainant has produced copy of the bill dated 17/10/2012, service job sheet, retail invoice bill, which were issued by the opponent no. 2 in order to show that the mobile was handed over to the opponent no. 2 for repairs.
4] The allegations made by the complainant in this complaint application as well as in the affidavit remained unchallenged and supported by the documentary evidence. Hence, this Forum is of the opinion that the opponents are guilty for providing defective mobile handset as well as for deficiency in service. Hence, the complainant is entitled for the refund of the price of mobile handset as well as compensation. Hence, the following order is passed.
** O R D E R **
1. The complaint is partly allowed.
2. The opponent No. 1 and 2 are directed to pay an amount of Rs. 28,000/- (Rs. Twenty Eight Thousand only), to the complainant within six weeks from the date of receipt of copy of this order.
3. The opponent No. 1 and 2 are also directed to pay an amount of Rs. 5,000/- (Rs. Five Thousand only), as a compensation on the ground of mental and physical harassment and cost of the proceeding to the complainant within six weeks from the date of receipt of copy of this order.
4. On failure to pay the abovementioned
amount within six weeks, it shall carry
interest @ of 9% p.a. from the date of
filing of the complaint till its realization.
5. Copies of this order be furnished to
the parties free of cost.
6. Parties are directed to collect the sets,
which were provided for Members within one month from the date of order, otherwise those will be destroyed.
Place – Pune
Date- 08/05/2014
