J U D G M E N T:-
1. This is an order for petition filed on behalf of the complainant filed with prayer to replace the Mobile, litigation cost of Rs- 5000/- repairing cost Rs- 490/- and Rs- 4000/- for mental agony and harassment.
2. The complainant contended in complaint petition filed separately that he purchased one Micromax Mobile A 092 IMEI NO-911367251575289/911367251975281 from the opposite party payment for Rs- 6345/-. It is contended that the Mobile occurred some fault and complainant gave the Mobile for repair and also purchased on battery and charger cable for Rs- 490/-. It is further contended that the opposite party did not get the Mobile repaired than the complainant gave legal notice but the opposite party did not reply to the notice. Thereafter the complainant has filed this consumer complaint case with the above stated prayer.
3. The case of the complainant was admitted and notice against the opposite party issued through registered post but the opposite party did not appeared and ultimately the case was fixed for ex- parte hearing.
4. The complainant filed his evidence on affidavit and has filed original Tax invoice issued by the opposite party WHICH has been marked as Ext—1. The repair job sheet issued by the Mobile Store Limited Ext-2 and bill cash memo issued by Shreya’S Empire as Ext-3.
5. Since the opposite party did not appeared there is nothing to rebuttal the contention of the complainant and accordingly the Forum has got no option but to accept the claim of the complainant.
6. In the Result the opposite party is directed to replace the Mobile which the complainant has given to the opposite party as per Ext-2 within 30 days of the receiving of this order, failing which the opposite party shall have to pay Rs- 6345/- the cost of the Mobile as per Ext—1 with interest 12% per annum from the date of this order and also directed to pay the litigation cost and compensation for mental agony of Rs- 5000/- within 60 days from the received of this order, failing which the complainant shall be entitled to get the order executed through the process of Law.
7. Supply free copy of this order to the complainant and sent copy of this order to the opposite party through registered post.