RAJ HANS STUDIO Vs. KRISHAN LAL

JUDGEMENT

(1.) THIS is an appeal filed by the respondent - Dealer against the impugned judgment and order dated 17.1.2005 passed by the District Consumer Disputes Redressal Forum -I, U.T., Chandigarh (for short hereinafter to be referred as District Forum) in Complaint Case No. 329 of 2004. The District Forum has allowed the complaint and awarded a sum of Rs. 6,800/ -, price of the mobile handset within one month from the receipt of copy of the order by the O.Ps. failing which the said amount shall carry interest @ 5% per annum from the date of the impugned judgment and order till the date of actual payment.

(2.) THE complaint was filed against dealer -Raj Hans Studio, appellant and the manufacturer of the mobile handset LG -3000, LG Electronics India Limited, 177, Industrial Area, Phase II, Chandigarh. The complainant alleged that he purchased the mobile phone (Handset) LG -3000 from O.P. No. 1 vide cash memo No. 712 dated 10.10.2003 and paid its price of Rs. 6,800/ -. After about two weeks of its purchase the mobile handset started giving problem and the same was brought to the notice of the O.Ps. but the O.Ps. did not pay any heed to the complaint of the respondent/complainant and the mobile handset was not taken up for repairs and removal of defects. It was also alleged that the complainant visited the shop of the dealer/appellant a number of times and prayed for either the mobile handset being repaired or replaced with a new one but nothing was done by the appellant. The respondent/complainant served a legal notice dated 12.8.2004 on the appellant and respondent/manufacturer LG Electronics India Ltd. but still nothing was done and the complaint was not entertained. This led to the filing of the complaint.

(3.) THE complainant claimed replacement of the defective mobile handset or refund of Rs. 6,800/ - with interest @ 18% per annum from the date of purchase till the date of payment. A sum of Rs. 5,000/ - was claimed on account of mental agony, financial loss and inconveniences suffered.