The South West District Consumer Disputes Redressal Forum directed the mobile phone manufacturer as well as its service centre to jointly pay the amount after finding them guilty of deficiency in service, relying on the affidavit of the Haryana-based doctor.
"We find no reason to disbelieve her sworn testimony and hence come to the irresistible conclusion that opposite party 2 (Spice Mobile) being the principal and opposite party 3 (Spice Service Centre) being agent are guilty of deficiency in service for not replying to her legal notice, nor repairing the handset or returning the same despite it being received on September 20, 2010 by the service centre.
"We, therefore, allow the complaint and direct opposite party 2 and 3 either to jointly or severally pay complainant (Dr Asha Sharma) the price of the mobile handset amounting to Rs 5,000. They shall also pay her Rs 10,000 for mental and physical harassment and for alleged loss of data stored in the handset, along with cost of litigation of Rs 3,000," the bench presided by Narendra Kumar said.
Dr Asha Sharma, in her complaint had said that she had bought a Spice mobile for Rs 5,000 on June 4, 2010.
The handset had developed several faults, including hanging, stopping automatically while charging, and later it stopped functioning altogether, she had alleged.
She had deposited the handset with the service centre for repair on September 20, 2010 but it failed to return the mobile, she had alleged adding that she then issued a legal notice asking for refund of the phone's price, notice fee, compensation and litigation cost.
However, she had received no reply to the notice sent to the opposite parties, she had alleged.
In its affidavit, Spice Mobile denied the doctor's allegation that there was deficiency on its or its service centre's part.
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