PER MR.H.K.BHAISE, HON’BLE MEMBER

1)                The present complaint has been filed by the complainant under section 12 of the Consumer Protection Act, 1986. According to the complainant, he had purchased the mobile instrument for Rs.12,000/-on 10^th October, 2014 from the O.P.No.2.  The O.P.No.1 is the Service Centre. The mobile started problem therefore he approached the O.P.No.1 for repairs within warranty period.  The O.P.No.1 repaired it but it was not properly working.  In spite of several requests, the opponents did not repair it properly or replaced the mobile.  Therefore, the complainant has filed this complaint for refund of the purchase amount of Rs.12,000/-.  He has claimed compensation of Rs.1 Lakhs towards mental agony and cost of litigation Rs.3,000/-.

2)                Both the opponents remained absent though duly served.  Therefore, the matter is proceeded exparte against both the opponents.  The complainant has filed affidavit along with complaint in support of his complaint.  He has also produced the Cash Memo and Service Record from the O.P.No.1 and the correspondence.  It shows that the complainant purchased the mobile for Rs.12,000/-.  It was given to the O.P.No.1 for repair.  The evidence on record is sufficient to show that in spite of several requests, the opponents failed to repair the mobile within warranty period.  The opponents also failed to replace the mobile therefore, the complainant is entitled for refund of his purchase amount of Rs.12,000/-.  As the opponents failed to repair the mobile, the complainant suffered from mental agony.   Therefore, the complainant is entitled for compensation.  The complainant has claimed compensation of Rs.1 Lakh which is excessive. We think, compensation of Rs.10,000/- is reasonable compensation.  Besides this, the complainant is entitled for the cost of litigation of Rs.3,000/-.  Hence, we proceed to pass the following order.

ORDER

1. Complaint is allowed.
2. The opponents are directed to refund Rs.12,000/- (Rs. Twelve Thousand Only) to the complainant with interest at the rate of 9% per annum from the date of filing of the complaint i.e. from 17^th October, 2015 till realization. 
3. The opponents are also directed to pay Rs.10,000/- (Rs.Ten Thousand Only) to the complainant as compensation for mental agony and Rs.3,000/- (Rs.Three Thousand Only) as cost of this litigation.
4. The above order shall be complied with within a period of one month from today.
5. Copies of this order be sent to the parties free of cost.

Dictated & Pronounced on 4^th December, 2015