Order-7.

Date-29/06/2016.

This is an application u/s.12 of the C.P. Act, 1986.

Complainant by filing this case states that he purchased a mobile handset on 26/10/2013 from Sony Centre, Galaxy being Model SONY XPERIA-23, Model No.D-6653 with a consideration of Rs.51,990/-. On 26/10/2014 the handset dropped from the hand of complainant in his car. On 28/10/2014 complainant deposited the said handset to the O.P.-2 i.e. Sony Centre, Galaxy. As the parts were not available complainant could not submit the handset to the authorized service centre. Again on 09/12/2014 the said handset was submitted to the O.P.-2 in the name of complainant bearing job sheet No.W114120904872. Complainant after several phone calls, came to know that the handset was given to another and after repair complainant will be informed accordingly. Complainant did not get any information regarding that handset. On 19/12/2014 Sony Service Centre demanded Rs.24,000/- as repairing cost, complainant has to submit the amount in advance. Complainant informed the authorized representative of the O.P. that instead of appearing anything about repairing the handset she wanted to offer a refurbished handset of same model at 33 percent discount i.e. Rs.15,507/- or a new fresh handset of the same model at 50 percent discount i.e. Rs.23,495/-. Complainant informed on 15/03/2015 that he is not interested in any kind of offer. The handset is still lying in the authorized service centre. It is a gross negligence and deficiency of service and for such negligence complainant is harassed. Complainant prays for immediate return of the total amount i.e. Rs.51,990/-, a compensation of Rs.1,70,000/- for mental anxiety  and harassment caused to complainant, a litigation cost of Rs.15,000/-.

O.Ps. did not turn up to contest though notices were sent to the O.Ps. by speed post on 20/05/2016. Complainant’s Ld. Lawyer submitted the track report of sending notices to the O.ps. Track shows that notices were delivered upon the O.Ps. on 09/06/2016, they did not turn up and no W.V. was filed. The O.Ps. did not take any step in this regard. So it appears that they do not pay heed to the court’s notice. So we proceeded for delivering judgement.

Decision with reasons

On proper study of the complaint and other documents, it is revealed that complainant purchased one Sony Xpersia mobile, worth Rs.51,990/- on 16/10/2014. Within 10 days, it fell from his hand while he was receiving a phone call. According to the service centre the touch pad was not working. Complainant visited the office of the service centre  and also talked over phone for several times. Instead of repairing the phone free of cost, they offered two options- a refurbished handset of the same model at 33 percent discount i.e. at Rs.15,507/- or a new fresh handset of the same model at 50 percent discount i.e. Rs.23,495/-. Why the handset of complainant will not be repaired, has not been explained by the service centre. The O.P. only mentioned in the e-mail dated 11/02/2015 written to Mr. Ankit Agarwal, complainant that the display channel was found damaged and in warranty terms and conditions this handset cannot be considered under warranty. The reason remains still unknown as to why this handset is not considered under warranty. Complainant purchased a phone worth of Rs.51,990/- again to spend Rs.15,507/- for a refurbished handset or Rs.23,,495/- for a new handset was practically not possible. Complainant wanted his own mobile, he did not get it.

It is policy of the service centre to sell old mobiles after repairing, but complainant was not ready to accept. It is no doubt an unfair trade practice on the part of the O.Ps. They refused to repair the new mobile of the complainant  and wanted to sell another one. Complainant suffered mental pain and agony as he did not get his own mobile in repaired condition.

Complainant sent a legal notice to the O.P.-1 and 2 on 16/12/201. It was stated that O.P. was to refund the price of the handset along with compensation  or replace the old mobile with a new one. O.Ps. after receiving the letter did not challenge the content of the letter. They did not turn up. This proves that O.Ps. are reluctant to render proper service to their consumers.

Hence,

it Ordered

that the complaint be and same is allowed ex-parte with a cost of Rs.10,000/-.

O.Ps. are told to repair the handset within one month from the date of this order and deliver the same in proper working condition to the complainant. O.Ps. are further directed to pay a compensation of Rs.10,000/- for causing mental pain, agony and harassment to the complainant, within the said time.

If O.P. fails to repair the handset (Mobile) within stipulated period O.Ps. are directed to refund the purchase amount of the said handset along with 10 percent interest from the date of purchase.

Complainant is at liberty to file in execution case as per law, if the O.P. fails to comply with the order of this Forum and in that event O.P. will be liable to pay penal damages  at the rate of Rs.500/- per diem to be deposited to this Forum.