PER MR.B.S.WASEKAR, HON’BLE PRESIDENT

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 Sony C5 Ultra Dual Mobile handset for Rs.26,000/- on 12^th September, 2015 from the opponents. In the next month, it was found defective.  The complainant approached the opponents and requested to repair the handset.  In spite of several requests, the opponents failed to repair/replace the mobile handset.  There was manufacturing defect in the mobile which was not repaired by the opponents.  Therefore, the complainant has filed this complaint for refund of his purchase amount of Rs.26,000/- with interest.  He has also claimed compensation of Rs.50,000/- for mental agony and litigation cost Rs.8,000/-.

2)                The opponents appeared before this forum but failed to file written statement.  Therefore, the matter is proceeded without written statement of the opponents.

3)                The complainant has filed affidavit in support of his complaint along with documents. The documents on record corroborate the complaint filed by the complainant. The complainant has paid Rs.26,000/- and purchase the mobile handset form the opponents.  The complainant has produced the Job Card issued by the opponents.  It corroborates the contention of the complainant that handset was defective. The complainant has produced the copies of correspondence on record.  The evidence on record is sufficient to prove the complaint. The evidence produced by the complainant is not challenged by the opponents.  Therefore, we are accepting it. As the opponents failed to repair/replace the mobile handset, the complainant is entitled for refund of his purchase amount of Rs.26,000/- with interest.  In spite of several requests, the opponents failed to repair/replace the mobile handset thereby the complainant suffered from mental agony.  The complainant has claimed compensation of Rs.50,000/-.  We think, it is excessive. Compensation of Rs.10,000/- will suffice the purpose.  Besides this, the complainant is entitled for cost of litigation Rs.5,000/-.  Hence, we proceed to pass the following order.

ORDER

1. Complaint is allowed.
2. The opponents are directed to refund Rs.26,000/- (Rs.Twenty Six Thousand Only) to the complainant with interest at the rate of 9% per annum from the date of filing of complaint i.e. 17^th December, 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. 
4. The opponents are further directed to pay Rs.5,000/- (Rs.Five Thousand Only) to the complainant as cost of this litigation.
5. The above order shall be complied with within a period of one month from today.
6. Copies of this order be sent to the parties free of cost.

Dictated & Pronounced on 23^rd March, 2016