THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.

C.C.289/2013

Dated this the 30^th    day of September 2013.

 

 

            ( Present: Sri. G. Yadunadhan, B.A., LLB.                              : President)                       

                             Sri. L. Jyothikumar, B.A., LLB.                                 : Member

 

 

ORDER

 

By L.Jyothikumar, Member

 

            The petition was filed on 05.07.2013. The case of the complainant is that he had purchased a mobile phone on 25.06.2013 for an amount of Rs.1900/- from Opposite party No.1. Opposite party No.1 had assured quality for the mobile phone. The mobile phone became defective and useless from the day of purchase. Complainant had informed the matter immediately to the opposite party No.1 and Opposite party No.2. But opposite parties did not take any steps to replace the Mobile phone or give any definite reply to the complainant. Complainant is alleging deficiency in service and unfair trade practice on the part of opposite parties.

 

            Notice sent to the opposite parties were served. Opposite parties were called absent and set exparte on 27.08.2013. The complainant was examined as PW1 and Exts.A1 and A2 were marked on complainant’s side. Complainant had produced the mobile phone before the Forum.  MO1 was identified and returned back to the complainant on condition to produce the mobile phone when ever Forum demands.

 

            From the evidence and exhibits the case of the complainant is proved. Even though the complainant had reported the defects to the opposite parties , they did not take any steps to redress the grievance of the complainant.  Opposite parties had not appeared before the forum even after serving the notice which shows the arrogant nature of the opposite parties. From the evidence and exhibits the case of the complainant is proved. There was a deficiency in service on the part of opposite party No.1 only. Hence the complainant is entitled for relief.

   

 

In the result the petition is partly allowed and opposite party No.1 is directed to return back the amount of Rs.1900/- cost of the mobile phone, along with compensation of Rs.1000/- to the complainant. Opposite party No.1 is directed to comply the order within one month from the date of receipt of the order. After paying the amount opposite party No.1 can get back the mobile phone from the complainant.

 

Pronounced in the open court this the 30^th  day of September 2013.

Date of filing:05.07.2013.

 

SD/-PRESIDENT                                                                      SD/- MEMBER

 

APPENDIX

Documents exhibited for the complainant

A1. Cash bill invoice No.2462 dtd.25.06.13 for Rs.1,400/-issued by Ist opposite party.

A2. Job card issued by second opposite party dtd.29.06.2013.

 

Documents exhibited for the opposite party:

Nil

 

Witness examined for the complainant:

PW1.Sajith.K(Complainant)

 

Witness examined for the opposite party:

None

                                                                                                            Sd/-President

//True copy//

 

(Forwarded/By Order)

 

 

SENIOR SUPERINTENDENT