ORDER
NIPUR CHANDNA, MEMBER
Complainant purchased Karbon Smart A27+ (Black) mobile Phone through Flipkart.com for Rs 6,150/- vide invoice dated 09.02.2014.
It is alleged by the complainant that as the above said phone was not working properly, hence he submitted the same to M/s Vinayak Enterprises i.e., the service center of OP3.
It is further alleged by the complainant that after submitting of the aforesaid mobile OP2 gave him a copy of Manual Job Sheet dated 08-1-2015. It is further alleged by the complain ant that despite his several visit OP2 failed to gave him his handset, even though OP2 had provide the DO Certificate to him after the delay of four months i.e.on 13-5-2015.
It is alleged by the complainant that after receiving DOA certificate he forwarded the Mail to flipkart.com. An employee of the flipkart.com visited on his address and when he opened the packet no mobile handset was found in it. The complainant lodged a complaint of this with both OP2 and OP3 but despite giving assurance, they failed to provide a mobile phone to him.
The complainant wrote several letters to the Ops, but all in vain. He, therefore, approached this forum for the redressal of his grievance.
Notice of the complaint was sent to the Ops through Regd. AD post dated 31-7-2015. The notice was not received back unserved and therefore service was presumed to have been effected on the Ops. Since none had appeared on behalf of the Ops, they were orderered to be proceeded with ex-parte.
In his ex-parte evidence, the complainant has filed his evidence by way of affidavit, wherein he has corroborated the contents of the complaint.
We have heard arguments advanced at bar and have perused the record.
The complainant has placed on record the copy of job sheet dated 08-1-2015 whereby he had handed over the handset to OP2. A perusal of job sheet shows that the handset had been delivered with the problem of display flickering and heat problem due to which battery get auto discharge.
The complainant has also placed on record the copy of DOA certificate through which OP offered him to get his handset replaced from the dealer.
From the unrebutted testimony of the complainant as well as the document placed on record, we are convinced that the story put forth by the complainant is true. We hold that the aforesaid mobile phone was suffering from the same inherent defects. Accordingly, we hold OP2 and OP3 guilty of deficiency in services jointly and severally and direct them as under:-
- Pay to the complainant a sum of Rs.6150/- (cost of the handset ) along with interest @ 10 % p.a. from the date of filing of this complaint i.e. 27-7-2015 till payment.
- Pay to the complainant a sum of Rs. 2,500/-as compensation for pain and agony suffered by him which also includes cost of litigation.
The above amount shall be paid by the OPs to the complainant within 30 days from the date of this order failing which OPs shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of this order till the date of payment. If OPs fail to comply with the order within 30 days, the complainant may approach this Forum u/s 27 of the Consumer Protection Act.
Copy of this order be made available to the parties free of cost as per law and Case File be consigned to Record Room.
Announced in open sitting of the Forum on.....................
