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 mobile handset from the O.P.No.2 on 19^th July, 2013 for Rs.3,700/- with warranty of twelve months.  Within month, the mobile handset started giving trouble as the instrument was defective.  Therefore, the complainant approached the O.P.No.1/Service Centre on 16^th August, 2013.  After service also, the same problem continued.  Therefore, there was several correspondence with the opponents. The opponents were requested to replace the mobile handset or to refund the amount but the opponents failed.  Therefore, the complainant has filed this complaint for refund of the amount with interest.  He has also claimed compensation of Rs.30,000/- and cost of the litigation. 

2)                The opponents remained absent though duly served therefore they are proceeded exparte.

3)                The complainant has filed affidavit of evidence in support of his complaint.  He has also produced copies of bill, job card and notices.  The evidence on record is sufficient to show that the mobile hand set was purchased from the O.P.No.2.  It was defective.  Job Card corroborates the allegations of defect in the handset. The evidence produced by the complainant is not challenged by the opponents therefore, we accept it. Considering the evidence on record, we think it just to direct the opponents to refund the amount of Rs.3,700/- to the complainant with interest.  In spite of several requests, the opponents failed to replace the handset or to refund the amount thereby the complainant suffered from mental harassment.  Hence, the complainant is entitled for compensation. We think it just to award the compensation of Rs.10,000/- for mental harassment. Besides this, the complainant is entitled for the cost of litigation of Rs.5,000/-. Hence, we proceed to pass the following order.

ORDER

1. Complaint is allowed.
2. The opponents are directed to refund Rs.3,700/- (Rs.Three Thousand Seven Hundred Only) to the complainant with interest at the rate of 9% per annum from the date of filing of complaint i.e. 18^th July, 2014 till realization.
3. The opponents are further directed to pay Rs.10,000/- (Rs.Ten Thousand Only) to the complainant as compensation for mental harassment.
4. The opponents are also directed to pay Rs.5,000/- (Rs.Five Thousand Only) to the complainant as cost of this proceeding.
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 charge.

Pronounced on 20^th December, 2014