Kerala

Trissur

CC/06/713

Sudarshanan - Complainant(s)

Versus

Binu - Opp.Party(s)

Anil.D. Menon, M. Unnikrishnan and Raji.V.

27 Mar 2008

ORDER


CONSUMER DISPUTES REDRESSAL FORUM
Ayyanthole , Thrissur
consumer case(CC) No. CC/06/713

Sudarshanan
...........Appellant(s)

Vs.

Binu
M/s. L.G. Electronics Pvt. Ltd.
...........Respondent(s)


BEFORE:
1. M.K.Abdulla Sona 2. Padmini Sudheesh 3. Rajani P.S.

Complainant(s)/Appellant(s):
1. Sudarshanan

OppositeParty/Respondent(s):
1. Binu 2. M/s. L.G. Electronics Pvt. Ltd.

OppositeParty/Respondent(s):
1. Anil.D. Menon, M. Unnikrishnan and Raji.V.

OppositeParty/Respondent(s):
1. K.B. Sunilkumar



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ORDER

By Smt. Padmini Sudheesh, President: 1. As per the petition and the affidavit filed by the petitioner, the petitioner had purchased a mobile phone manufactured by the 2nd respondent bearing Model No.B 2050 IMEI No.356558005659047 for an amount of Rs.3600/- from the first respondent. Since the phone was not functioning properly, on 21.3.06 the petitioner entrusted the phone to first respondent for repair. Several times the petitioner contacted the first respondent. The first respondent neither repaired the phone nor replaced it. Lawyer notice was sent on 20.6.06 but no reply. Hence the petition. 2. The notice issued to the respondents and accepted by them. They never turned up. They deliberately avoided the orders of the Forum. The respondents are called absent and declared exparte. 3. To prove the case of the petitioner, he has filed an affidavit and produced documents. The documents were marked as Exts. P1 to P5. 4. Heard the Counsel. 5. According to the petitioner, he is entitled to a new phone of the same model or get an amount of Rs.3600/- as the value of the phone with interest from March 2006. He also claims compensation for the mental agony and costs. There is no counter evidence to the evidence of PW1. So the petition is allowed and the respondents are directed to provide the petitioner a new phone of the same model or pay an amount of Rs.3600/- with 12% interest from 21.3.06 and 6% from the date of order. He is also entitled for Rs.1000/- (Rupees one thousand only) as compensation for mental agony and Rs.500/- (Rupees five hundred only) towards costs. Comply the order within one month. Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 27th day of March 2008.




......................M.K.Abdulla Sona
......................Padmini Sudheesh
......................Rajani P.S.