Date of Filing : 20/04/2017

Order No.  8  dt.  11/12/2017

       The case of the complainant in brief is that the complainant had purchased Sony Experia Z3 compact mobile phone from Sony Centre at E-Mall, 6, Chittaranjan Avenue, Kolkata-72 at a price of Rs.17,000/-. After the purchase the complainant noticed various problems cropped up in the said mobile set within a few days from the date of purchase. The complainant contacted the Authorised Service Centre  M/s Kalpataru IT Retails Pvt Ltd since the mobile phone was under warranty period. The complainant was informed by the Service Centre that the mobile set was out of warranty and the same was previously serviced on 12.09.2015 under job no.B1W115091104986 by one Run Service Infocare Pvt Ltd. The complainant became astonished since the said the phone was purchased on 22.01.2016 but how the phone can be serviced on 12.09.2015. The complainant thereafter went to Service Centre and service centre provided him with an estimate of Rs.22,204.08 for repairing charges on the ground that the warranty period has already expired and free service has already been provided in respect of the said mobile set. From the said fact the complainant gathered this knowledge that the company provided an old defective mobile set for which the complainant filed this case praying for direction upon the o.p. nos. 1 and 2 to deliver a new phone to the complainant as well as compensation of Rs.2,00,000/- and litigation cost of Rs.10,000/-.

            O.ps did not contest the case and as such the case has proceeded ex-parte against the o.ps. The complainant in order to prove the case filed an affidavit of evidence wherein he stated that after purchase while he noticed some problems and visited the service centre wherefrom he came to learn that the mobile set was provided with a free service by the said service centre. The complainant further stated that though he purchased the mobile set in the year 2016 but the service was provided in the year 2015. From the said fact the complainant became sure that an old mobile set was provided by the manufacturer. Accordingly the complainant prayed for the reliefs. In order to prove the case the complainant filed  the invoice as well as the report of the service centre wherefrom he came to  learn that the said mobile set was provided with the service earlier. The evidence of the complainant has remained unchallenged therefore we have no other alternative but to accept the case of the complainant. As such we hold that the complainant will be entitled to get the relief.  

            Hence, it is ordered,

            that the case no.140/2017 is allowed ex-parte against the o.p. nos. 1 and 2 and dismissed against o.p.no.3. The o.p.nos 1 and 2 are jointly and/or severally directed to replace the mobile set i.d.  to pay the price of the mobile set of Rs.27,000/- and also to pay compensation of Rs.5,000/- and litigation cost of Rs.2,000/- 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.If the mobile set is replaced or the price of the mobile set is paid, the complainant should handover the mobile set in question to the o.p. nos. 1 and 2.           

            Supply certified copy of this order to the parties free of cost.