Order No. 11 Dated 18/07/2016
The case of the complainant in short is that complainant has purchased a mobile phone [Sony, model no.XPERIAZ (IEMI no.355666057941303)] from, Flipkart (WS Retail Pvt. Ltd.) on 16.7.14. Complainant purchased the said phone at a cost of Rs.22,990/- with a warranty of one year. The photocopy of the receipt of the said phone has been annexed by complainant with the complaint petition as annex-1.
Complainant further stated that after using of nearly five month i.e. in the 1st week of Dec. 2014 the said phone suddenly stopped working.
As soon as the said phone was out of order complainant contacted with o.p. no.1 and as per advice of o.p. no.1 the complainant approached their authorized service centre i.e. o.p. no.2. Complainant further stated that o.p. no.2 informed him that it cannot be repaired even under warranty free of cost but they gave an repair estimate to complainant in the tune of Rs.20,543.40. Being aggrieved complainant filed the instant case before this Forum with the prayers contained in the prayer portion of the petition of complaint.
O.ps. did not contest the case by filing w/v and as such, matter was heard ex parte against the o.ps.
Decision with reasons:
Upon considering the submission of complainant and on careful scrutiny of the entire materials on record, it appears that since the matter has been proceeded ex parte against the o.ps. the documents adduced by complainant has remained unchallenged testimony and there is nothing to disbelieve of the same. It also appears that during the time in question the said phone is within the warranty period even then neither of o.ps. was able to repair the said phone when it became out of order. Hence, it is proved without doubt that o.ps. had made deficiency in service to the consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed ex parte with cost against the o.ps. O.ps. are jointly and/or severally directed to refund the complainant a sum of Rs.22,990/- (Rupees twenty two thousand nine hundred ninety) towards the cost of the mobile phone in question and are further directed to pay compensation of Rs.1000/- (Rupees one thousand) only for harassment and mental agony and litigation cost of Rs.500/- (Rupees five hundred) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Complainant is also directed to return the mobile phone in question to o.ps. as soon as he receives the awarded sum.
Supply certified copy of this order to the complainant free of cost.
