SONY ERICSSON INDIA LTD Vs. ASHISH AGGARWAL

JUDGEMENT

(1.) Petitioner was the opposite party before the District Forum, where the respondent/complainant filed a complaint alleging deficiency in service on the part of the petitioners.

(2.) Undisputed facts of the case are that the complainant Mr. Ashish Aggarwal had purchased a mobile handset of Sony Ericsson (Model No. P-910 I), for a consideration of Rs. 38,700 on 26.10.2004. The handset carried a warranty of one year. It started giving troubles as a result of which the battery and the charger of the handset were replaced by the petitioners on 3.1.2005. Next time the handset was again taken with a problem in keypad, as a result of which the handset itself was replaced by a new one on 21.9.2005. It was the case of the complainant even this new handset was not working properly which again the petitioners were willing to replace by a new handset but apprehending the continuous problem from this handset, he filed a complaint before the District Forum, who after hearing the parties directed the petitioner to give a new handset, compensation of Rs. 5,000 and cost of Rs. 1,000. Aggrieved by this order both the parties filed appeals before the State Commission, who after hearing the parties while dismissing the appeal filed by the petitioner, allowed the appeal filed by the respondent/complainant and directed the petitioner to refund the cost of the mobile set worth Rs. 38,700 within 30 days failing which it would carry interest @ 6% p.a. Aggrieved by this order this revision petition has been filed before us.

(3.) We heard the learned Counsel for the petitioner as also perused the material on record.