Complainant files hazira.

The case is taken up today for exparte order.

The case of the complainant , in brief , are that the complainant on 10.11.14 purchased one mobile hand-set along with accessories of model XOLO No.911372250104586 at a price of Rs. 9,200/- from O.P No.1 S.S. Technologies. The mobile handset was covered under warranty for one year starting from the date of purchase.  Within One month of purchase, the set became out of order and the complainant could not use it because its battery was not serviceable. The complainant approached the O.P No.1 who after repair even more than once could not make it good and usable.

Hence the complainant filed this case.  The case was admitted and notice was issued upon O.P Nos.1, 2, 3, & 4 but they neither appeared nor contested the case by filing W/V. Hence the case is taken up for exparte hearing.

In support of his claim the complainant has filed the following documents:-

1)       Bill/Invoice No.2649 dated10.11.14 with endorsement warranty.

2)       Letter dated 10.04.15 requesting refund of price.

3)       Lawyer’s notice dated 29.06.15. 

4)       Evidence/Examination –in-chief.

           The complainant is a consumer as defined under Section 2(1)(d)(i) of the Consumer Protection Act, 1986.  The price of the mobile set does not exceed the limit of 20 lakh and this Forum have the pecuniary jurisdiction as defined in section 11(1) of the Act.

The OP Nos.1 & 2 hail from Siliguri and hence this Forum has territorial jurisdiction also as defined in Section 11(2) ibid.

The complainant approached O.P. No.1 for repair.  When repair was of no use, and then demanded the exchange of the set.  On refusal by the O.P. No. 1, the complainant claimed return of price.  He made a written request and also served upon him lawyer’s notice. But the O.P. No.1 did not pay any heed.

          This Forum duly served notice which was received by the O.P. No.1 by hand on 26.07.16.  Other O.Ps received by registered post.  But none of the O.Ps appeared, nor did they take any step either personally or through any authorized agent. This Forum is of the opinion that had the O.Ps anything to say in defense, they would not prefer to maintain such a silence.

          Hence there is nothing to disbelieve the complainant. He is entitled to relief.

Therefore, it is

                         O R D E R E D

that the Consumer Case No. 69/S/2016 be and the same is allowed exparte against the O.P Nos.1 to 4.

          O.P. Nos.1 to 4, who are jointly and severally liable, are directed to refund the entire amount of the mobile set of Rs.9,200/- by issuing an account payee cheque in the name of the complainant within 45 days from the date of this order.  

O.P. Nos.1 to 4, who are jointly and severally liable, are further directed to pay a sum of Rs.3,000/- by issuing an account payee cheque in the name of the complainant for mental agony and harassment within 45 days from the date of this order.

O.P. Nos.1 to 4, who are jointly and severally liable, are further directed to pay a sum of Rs.2,000/- by issuing an account payee cheque in the name of the complainant towards litigation cost within 45 days from the date of this order.   

In case of default, the complainant is at liberty to put the decree into execution.

          Let a copy of this order be supplied to the complainant free of cost.