This complaint coming up before us for final hearing on 23.04.10 in the presence of complainant and the opposite party set exparte, upon perusing the material on record and having stood over till this day for consideration, this Forum made the following:-

O R D E R

Smt. T.Suneetha, Member:-

                 This complaint is filed under section 12 of Consumer Protection Act, 1986 by the complainant seeking directions on the opposite party to pay an  amount of Rs.3,299/- along with interest 24% p.a. from the date of purchase or to replace the mobile set with a new one and also to pay Rs.11,000/- towards mental agony and costs.

 The brief facts of the case are that:-

                The complainant is Mr.G.V.Brahmaiah S/o.Venkateswarlu, Advocate, Guntur.  The opposite party is  Big ‘C’ Multi Branch Mobile Show Room represented by its Authorized Officer, Guntur.

        The complainant purchased 2600 CC Nokia Mobile Hand Set with S.L.No.354852022722553 vide Bill No.Sl/GN1/9277 on 28-06-08 at opposite party’s shop for Rs.3,299/-.  At the time of purchase, opposite party gave warranty card for one year in favour of complainant for all the material defects.  The Mobile is not functioning properly due to failure of hand set mechanism.  The complainant approached opposite party to rectify the defects of said hand set.  The opposite party neither rectified the problem nor replaced.

                The complainant issued registered notice on 01-12-2008 to opposite party demanding to replace the defective mobile phone or to refund the amount paid by him.  They received notice but failed to react on that.  Thus, there is deficiency in service on the part of opposite party.  Hence, the complaint.

                The complainant has filed affidavit and submitted documents Ex.A1 to Ex.A3.   Ex.A1 is the bill dt.28-06-08 issued by opposite party.  Ex.A2 is the Office Copy of the Regd. Legal notice given by complainant.  Ex.A3 is the postal receipt dt.01-12-08.  the complainant deposited 2600 CC Nokia Mobile Hand Set, which is marked as MO1.

                The opposite party failed to attend the Forum, inspite of sending notice.  Hence, set exparte.    

                The above evidence reveals that the complainant purchased Mobile Hand Set from opposite party and it is not working. 

                In the result, the complaint is allowed in part in terms as indicated below: 

1. The opposite party shall replace spoilt Mobile Hand Set with new mobile hand set of the same model to complainant.

2. The opposite party is further directed to pay compensation of Rs.500/- towards mental agony, pain and suffering and also Rs.500/- towards legal expenses.

3. The above orders shall be complied within a period of six weeks from the date of receipt of copy of this order, failing which the amounts ordered in point No.2 shall carry interest @ 9% p.a. till the date of realization.

Typed to my dictation by the Junior Steno, corrected by us and pronounced in the open Forum, this the 29^th day of April, 2010.

   Sd/- x x x                    Sd/- x x x                     Sd/- x x x

     MEMBER                                  MEMBER                        PRESIDENT            

APPENDIX OF EVIDENCE

No oral evidence is adduced on either side

                                        DOCUMENTS MARKED

For Complainant:

Documents marked by Forum

For Opposite Party:     NIL    

                                                                        Sd/- x x x                                                                                    PRESIDENT