Order dictated by:

Sh.Anoop Sharma, Presiding Member

1.       Sh.Karan Chopra has brought the instant complaint under section 11 & 12 of the Consumer Protection Act, on the allegations that Opposite Party No.1 is importer and seller of cell phones and complainant purchased one cell phone model YU6000 on 2.11.2016 vide bill No.SA27B8/16-17/34224 of Rs.7999/-. The complainant had placed online order on website www.snapdeal.com on 2.11.2016 and received cell phone through courier on dated 7.11.2016. It is alleged that the Mobile Set in dispute stopped working on 9.11.2016 because it restarts itself while using. Opposite Party provided doorstep service in warranty period, so the complainant wrote complaint through e-mail to Opposite Party No.1 on 10.11.2016, but Opposite Party did not pay any heed to the request of the complainant. Complainant visited the office of Opposite Party No.2 i.e.Authorised Service Centre for repair of the Mobile Set in dispute, but the staff of Opposite Party No.2 i.e.Authorised Service Centre told  that they have received the complaint of the complainant for doorstep service through their head office, so their executive will visit your place shortly, but the complainant did not get any response in this regard till date. Complainant again wrote a reminder e-mail on his complaint to Opposite Party No.1 on 12.11.2016, but Opposite Party No.1 failed to repair or provide the service to the complainant. The complainant has suffered great hardship and it tentamounts to gross deficiency in service and unfair trade practice on the part of the Opposite Parties  because the Mobile Set in dispute stopped working within three days of purchase and Opposite Party failed to repair cell phone. Vide instant complaint, the complainant has sought the following reliefs:-

a)       Opposite Parties  may be directed to immediately repair  the Mobile Set in dispute of the complainant.

b)      Opposite Parties  may also be directed to pay Rs.20,000/- as compensation for mental sufferings, harassment and humiliation suffered by the complainant.

c)       Opposite Parties  may also be directed to pay Rs.5000/- as litigation expenses.    

Hence, this complaint.

2.       Upon notice, none appeared on behalf of both the parties despite due service, hence   Opposite Parties  ordered to be proceeded against exparte vide order dated 9.1.2017.

3.       In his bid  to prove the case, complainant tendered  his duly sworn affidavit Ex.C1 in support of the allegations made in the complaint and also produced copy of invoice Ex.C2, copy of warranty policy of Opposite Party Ex.C3 and Ex.C3/2, copy of e-mail Ex.C4 and closed the evidence.

4.       We have heard the ld.counsel for the complainant and have carefully gone through the evidence on record.

5.       From the perusal of the evidence on record, it becomes evident that the complainant purchased one cell phone model YU6000 on 2.11.2016 vide bill No.SA27B8/16-17/34224 of Rs.7999/-, copy of the invoice accounts for Ex.C2. The complainant had placed online order on website www.snapdeal.com on 2.11.2016 and received cell phone through courier on dated 7.11.2016. The case of the complainant is that  the Mobile Set in dispute stopped working on 9.11.2016 because it restarts itself while using. Opposite Party provided doorstep service in warranty period, so the complainant wrote complaint through e-mail to Opposite Party No.1 on 10.11.2016, copy of which is Ex.C4 but Opposite Party did not pay any heed to the request of the complainant. Complainant visited the office of Opposite Party No.2 i.e.Authorised Service Centre for repair of the Mobile Set in dispute, but the staff of Opposite Party No.2 i.e.Authorised Service Centre told  that they have received the complaint of the complainant for doorstep service through their head office, so their executive will visit your place shortly, but the complainant did not get any response in this regard till date. Complainant again wrote a reminder e-mail on his complaint to Opposite Party No.1 on 12.11.2016, but Opposite Party No.1 failed to repair or provide the service to the complainant. The complainant has suffered great hardship and it tentamounts to gross deficiency in service and unfair trade practice on the part of the Opposite Parties  because the Mobile Set in dispute stopped working within three days of purchase and Opposite Party failed to repair cell phone. The evidence produced by the complainant has gone unrebutted on record. In this way, the Opposite Parties have impliedly admitted the correctness of the allegations made in the complaint. It also shows that Opposite Parties  have no defence to dislodge the complaint. The very fact that the Opposite Party No.2 i.e.Authorised Service Centre has lingered on the matter and to repair the Mobile Set in dispute  ever since 11.11.2016  shows that the Opposite Parties  are deficient in service.   In such a situation, the   Opposite Parties  are definitely liable to repair the Mobile Set in dispute to the satisfaction of the complainant without charging any amount since the Mobile Set in dispute happen to be within warranty period, copy of warranty period accounts for Ex.C3.  Consequently, the instant complaint succeeds  and the Opposite Parties are directed to repair the Mobile Set in dispute to the satisfaction of the complainant, without charging any amount, within one month from the receipt of copy of the order, failing which the Opposite Parties  shall   refund the sale price of the Mobile Set in dispute i.e. Rs.7999/-, to the complainant alongwith interest @ 6% per annum from the date of passing of the order until full and final payment. The Opposite Parties  are also directed to pay Rs.2000/- to the complainant on account of compensation for causing mental tension and harassment besides Rs.1000/- as litigation expenses.  Both the Opposite Parties  are held liable jointly, severally & co-extensively to comply with the order.  The complaint stands allowed accordingly. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.

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