By: Smt.  Mini Mathew,   Member    
    
    Case of the complainant in brief is that on 6/10/15 he had purchased one Asus Zenfone 2 Laser mobile phone through online and he had paid an amount of Rs.9999/- towards the sale consideration.   He had booked the phone through his friend named Sabith Hamsappa and the bill issued by the opposite party also in his name.  After one month from the date of purchase he noticed certain liquid came out the battery of the mobile phone.   There after the phone was in a switched off condition.   He took the phone to the authorised service centre of the Asus mobile phones at Ernakulam.   The service centre informed him that the phone is not in a repairable condition and it has be replaced.   They did not take any steps to replace the phone.  Hence this complaint.

    After receiving notice from this Forum opposite party did not appear before this Forum hence he was set ex-parte.   After that complainant filed affidavit in lieu of Chief Examination and documents were marked as Ext. A1 and A2.   Mo1 also proved on his side.

    Ext.A1, is the bill and Ext. A2 is the warranty card issued by the opposite party.   The name and address of the purchaser is not shown  in the warranty card.   A code number is printed in the warranty card.   The phone was produced before this Forum and after examination it was returned to the complainant.   On examination by the Forum it is noticed that the code number on the mobile phone tallies with the code number printed in the warranty card and hence we find that the warranty card  which is marked as Ext. A2 is one and the same is respect of the mobile phone involved in this case.

    Complainant purchased the mobile phone on 6/10/15 after paying an amount of Rs.9999/-.   With in one month from the date purchase the phone became out of order and the phone was in a switched off condition.   All these happened during the warranty period.   Complainant approached the authorised service centre of the opposite party and demanded them either to  repair the phone or to replace the phone with a similar one.   They did not do so.   The act of the opposite party amounts deficiency in service and unfair trade practice.   That has to be compensated.   In this result we allow this complaint.

    The opposite party is here by directed to pay Rs.9999/- to the complainant being the cost of the mobile phone and Rs.5000/- for the mental agony and hardships suffered by the complainant along with Rs.2500/- as cost.   The opposite party can collect the phone from the complainant after the payment of the above said amount.   The order shall be complied within one month from the date of receipt of copy of this order.   

    Dated  this 31st  day  of May,  2016
                    
                                        
                                    A.A.VIJAYAN, PRESIDENT
 

 R.K.MADANAVALLY , MEMBER                                               

MINI MATHEW, MEMBER