ORDER

R.Vijayakumar, Member.

The complaint is filed for getting compensation Rs.10, 000/- for financial loss and mental agony sustained by the complainant.

                                        (2)

        The averments in the complaint can be briefly summarized as follows.

        The complainant had purchased a mobile phone, brand name ‘Nokia’ 7210 C Black 356930039659360 and it was insured giving Rs.145.39. The first opposite party had assured that all damages will be rectified free of charges.

        The display of the said mobile phone was damaged in a bike accident. When the complainant approached the first opposite party for rectification of damage they had demanded Rs.1000/- as charges. The second opposite party also refused to cure the damages free of charges. The act of opposite party is deficiency in service. Hence the complaint.

        Even though sufficient opportunities has been given, the opposite parties remained absent. Hence set exparte.

        The complainant filed affidavit.

        PW1 examined. Ext.P1 marked.

The points that would arise for consideration are:

1.       Whether there is any deficiency in service from the part of opposite party?

2.       Compensation and cost.

Points (1) and (2)

        As the opposite parties remained absent, we are constrained to relay upon the evidence adduced by the complainant. We have perused the complaint and other documents. Ext.P1 shows that an amount of Rs.145.39 was received by the first opposite party for the insurance and other services. The complainant is alleging that free service was not given to him. The act of first opposite party was against the offer.

(3)

        On perusal of Ext.P1 we find that the offer was given by the the first opposite party only receiving, an amount of Rs.145.39 and the second opposite party is not liable for the offer given by the first opposite party. The evidence against the first opposite party stands unimpeached. Hence we are of the opinion that there is deficiency in service from the part of first opposite party. The points found accordingly.

In the result, the complaint is allowed in part. The first opposite party is directed to pay compensation Rs.1500/- to the complainant.

Dated this the 28^th day of February 2011.

K.Vijayakumaran     :Sd/-

Adv.Ravi Susha        :Sd/-

R.Vijayakumar         :Sd/-

INDEX

List of witnesses for the complainant

PW1         - C.R.Muraleedharan

List of documents for the complainant

P1    - Bill dtd: 03/03/2010

// Forwarded by Order //

                                                              Senior Superintendent