PRESENT

                   Complainant  by representative Miss.Krutika A.Sawant present.    

                   Oppoent No. 1 &  2  Ex-parte.                    

                                       ORDER

(Per- Mr. S. D. MADAKE, Hon’ble President)

1.  The Complainant purchased a Motorola make mobile on 22.03.2017 for Rs. 15,999/- from Arun Sawant.
2. According to Complainant on 13.04.2017 the battery of mobile is stopped charging and Complainant visited service centre of Lenovo for repairing on payment.
3. The Complainant was told that mobile was liquid damaged and is not covered within warranty of company.
4. The Complainant contacted Flipkart, however the issue was not settled on the ground that replacement is possible as per rules within 10 days only.
5. The Complainant alleged that mobile did not work properly for one month, which shows that there was inherent manufacturing defect in the mobile.
6. The Complainant alleged that he was subjected to mental agony due to defective mobile and deficiency in service.
7. The Complainant prayed for direction to Opponents to pay Rs. 15,999/- with interest as well as compensation of Rs. 50,000/- and cost Rs. 25,000/-.
8. The Complaint was admitted on 29.06.2017. The notice was duly served on both parties. Both parties remained absent and did not file written statement.
9. The Forum passed order to proceed Ex-parte. The Complainant filed Pursis that Complaint and all documents filed on record be treated as affidavit of evidence as well as written argument.
10. We have heard Complainant. Perused record. The mobile is manufactured by Opponent. The mobile was purchased through online facility.
11. The documents show that daughter of the Complainant was not able to use the said mobile even for a month due to defects. The Opposite Parties were liable to refund the amount. We hold both Opponents jointly and severally are liable to pay Rs. 15,000/- (Fifteen Thousand).

12.     We pass the following order.    

                                                ORDER

1.       Complaint Case No. 78/2017 is partly allowed.

2.       The Opposite Party No. 1 and 2 are directed to pay Rs. 15,000/- with interest at 9% p.a. to Complainant from date of order.

3.       No order as to compensation and cost.

4.       Copy of  the order be sent to both parties free of cost.