The North District Consumer Disputes Redressal Forum relied on the documents filed on record by the mobile phone owner, Delhi resident Saurabh Gupta to hold that the handset in question was defective and HTC Care could not remove its defect.
"The handset purchased by the complainant (Gupta) had warranty of one year and mobile handset started malfunctioning during the period of warranty. Opposite party (HTC Care) could not set it right despite giving it to service centre thrice for repairs, which is deficiency of service on its part.
"Therefore, we direct it to refund the amount of Rs 9,700 to complainant. Further, it is also directed to pay a sum of Rs 1,000 as cost to him," the bench presided by Babu Lal said.
Saurabh Gupta in his complaint had said he had purchased an HTC smart mobile phone on April 13, 2010 for Rs 9,700 from HTC Care.
The handset had an inherent manufacturing defect that it started rebooting on its own, Gupta had alleged adding he had taken it for repairs to HTC's service centre thrice but the problem could not be rectified.
HTC Care was proceeded against ex-parte as no one appeared on its behalf despite service of notice to it.
