By: Smt. Preethi Sivaraman C, Member
On 17-01-2018 complainant had purchased one Nokia Mobile phone from 3G mobile world Manjeri. Immediately after one month phone became defunct due to low range and interruption during conversation when the complainant approached the above opposite party No.1 for showing the above defect, they advised to consult with Nokia centre and Nokia centre changed the soft ware. But the same range problem again manifested after one month especially in BSNL sim. Thereafter in a rainy day the above said phone fell down and complainant again approached the opposite party No.1 and they cleaned with air cleaner. But the range problem of the phone is still existing there and sim of Idea connection is only working in that. Suddenly Idea connection also got disrupted and complainant had again gone to Nokia service centre, but they said no warranty for his mobile because opposite party No.1 had opened the body of mobile for cleaning the water particles. Complainant approached many other service centers for repairing , but every body refused to repair the mobile phone.
Notice sent from this Forum through speed post to both opposite parties and notice served on opposite party No.1and opposite party No.1 did not turn up . Notice to Opposite party No.2 returned with an endorsement “refused”. Hence opposite parties were set exparte.
In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and only one documents he produced and that is marked as Ext. A1 . Ext.A1 is the original bill given by opposite party No.1 to complainant for an amount of Rs.6600/-.
The allegations against opposite parties are proved by the unchallenged evidence of complainant. Hence we allow this complaint holding that opposite parties are deficient in service.
Therefore we direct the opposite parties to pay Rs.6600/-( Six thousand six hundred rupees only) as the cost of the mobile phone and Rs.1500/- ( Thousand five hundred rupees only) as compensation for the mental agony and hardship suffered by him by the act of the opposite party and Rs.1500/-( Thousand five hundred rupees only) as compensation for the the deficiency in service of opposite party and financial loss sustained by complainant and Rs.1000/- (One thousand rupees only) as cost. The order shall be complied within one month from the date of receipt of copy of this order .
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite parties are liable to pay the interest @12% per annum on the said amount from the date of receipt of the copy of this order till realization .
Dated this 6th day of November, 2019.
A.A.VIJAYAN,
PRESIDENT
PREETHI SIVARAMAN . C, MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext. A1
Ext.A1 : Original bill given by opposite party No.1 to complainant for an amount of Rs.6600/-.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
A.A.VIJAYAN,
PRESIDENT
PREETHI SIVARAMAN . C, MEMBER
