1.                     The brief history of the case of the complainant is that in order to present to her minor daughter, A. Sneha on her birth day, he purchased an Intex mobile handset Model GSM Aqua Life II (Blue) Dual Sim vide IMEI No.911441303741163 manufactured by OP.2, from OP No.1 (dealer) vide Bill No.814 dt.05.08.2015 for Rs.5650/-.  It is submitted that within 2 months of its purchase the set developed display and Mike problems and hence the complainant deposited the set with OP.1 on 25.11.2015 for repair but the Ops did not ensure repair within a reasonable period for which the complainant as well as his daughter suffered mental agony and physical harassment. Thus alleging defect in goods and deficiency in service on the part of Ops, he filed this case praying the Forum to direct the Ops to refund the cost of the handset at Rs.5650/- with interest @ 18% p.a. from the date of purchase and to pay Rs.10, 000/- towards compensation and costs to the complainant.

2.                     On being served the Ops neither filed counter nor participated in the proceeding in any manner.  The complainant has filed certain documents in support of his case.  In absence of parties, the case was posted for orders on merit.

3.         In this case, the complainant has filed copy of Money Receipt vide No.814 dt.05.08.2015 issued by OP.1 towards sale of alleged handset in favour of A. Sneha.  As the above document has not been challenged by any of the parties, the sale of handset to the complainant is proved.  Further the complainant also filed copy of Service Job Sheet issued by M/s. Photo Life Mobile Care, Jeypore dt.25.11.15 which shows that the alleged handset was on repair within its warranty and the problems mentioned are “Display and Mike Problem”.  The case of the complainant is that he furnished the defective handset with OP.1 for repair but none of the OPs ensured repair within a reasonable period.

4.                     It is also seen that the Ops in spite of valid notice did not prefer to participate in this proceeding and remained exparte and hence we lost opportunity to know anything from them.  As such the allegations of the complainant remained unchallenged.  Further the Ops in spite of assurances could not make the handset useful and also did not say anything in this case.  Hence it can be safely concluded that the set has got some inherent manufacturing defect for which the Ops could not bring the set in to working order.  Therefore, the complainant is entitled for refund of Rs.5650/- towards cost of the handset with interest @ 12% p.a. from the date of purchase i.e. 05.08.2015.  Further due to such inaction of the Ops, the complainant must have suffered some mental agony for which the complainant is entitled for some compensation and costs.  Considering the sufferings of the complainant, we feel a sum of Rs.2000/- towards compensation and costs in favour of the complainant will meet the ends of justice.

5.                     Hence ordered that the complaint petition is allowed in part and the Ops being jointly and severally liable are directed to refund Rs.5650/- towards cost of the handset with interest @ 12% p.a. from 05.08.2015 and to pay Rs.2000/- towards compensation and cost to the complainant within 30 days from the date of communication of this order.

(to dict.)

                                    Member                                              President