Bellard Road,

Kannur 1.

3. Max Mob Link Pvt. Ltd.

6^th floor,

DLH Corporate Park,

Opp.Gorgiyon MTL

SB.Road,

Gorgiyon,

West Mumbai 400062.                      Opposite parties

O R D E R

Smt.K.P.Preethakumari, Member

          This is a complaint filed under section 12 of consumer protection act for an order directing the opposite parties to repay `1,950 the price of mobile phone along with `33,200 as compensation and cost.

          The case of the complainant is that he had purchased Max 349+ model mobile by giving `1950 on 12.4.2012 from 1^st opposite party. But it became defective within few months of its purchase. So the complainant contacted 1^st opposite party and given back the phone, and 1^st opposite pary  had entrusted the phone to 2^nd opposite party on  14.08.12 and instructed the complainant to receive the phone after two weeks from 2^nd opposite party and instructed to approach 2^nd opposite party for further service. But the 2^nd opposite party was not ready to hand over the same even after repeated request made by the complainant. Finally on 14.09.12 the phone was handed over to complainant by 2^nd opposite party without giving back the warranty card. So the complainant approached both opposite parties for warranty card, but they are not ready to return the same and promised to the complainant that they will cure the defect if any occurred thereafter. But the phone become defective and opposite party had issued another old mobile phone and it also becomes defective and the opposite parties were not ready either to repair or to replace the phone. So the complainant had suffered physical, mental and financial hardship. Hence this complaint.

          Even though proper notices were issued by the
Forum on receipt of  complaint to opposite parties and they have acknowledged the same, they are absent and hence they were called absent and set exparte.

          The main  points to be decided in this case is that whether there is  any deficiency of service on the part of opposite parties. The evidence in this case consists of the chief affidavit filed by the complainant in lieu of chief examination and Exts.A1 and A2.

          The complainant filed chief affidavit in lieu of chief examination. He has produced Ext.A1 receipt dt.12.04.12 and as per this the value of the mobile is `1950. Ext.A2 is a letter issued by 2<sup>nd</sup> opposite party to complaint on 29.09.12, promising that they will either replace the handset with new one or will refund the purchase price of the mobile. The complaint contended that the opposite parties have not even ready to cure the defect of the mobile. Ext.A1 and A2 proves that the complainant have purchased a mobile from 1<sup>st</sup> opposite party by giving  `1950 and 2^nd opposite party made promise that he will return either the price of the mobile  or will deliver a new mobile. But according to the complainant he has not received either mobile or money. Above all even though proper notices were served to the opposite parties they have not turned up before the Forum. This itself is unfair practice. More over there is no contra evidence before this Forum. So we are of the opinion that there is unfair trade practice on the part of opposite parties for which they are liable to pay `1950 as the price of mobile along with `2000 as cost and compensation to the complaint and passed orders accordingly.

                    In the result, the complaint is allowed directing the opposite parties to give back  `1,950(Rupees One  thousand  Nine  hundred and Fifty only) as the purchase price of mobile along with `2,000 (Rupees Two Thousand only) as compensation and cost to the complainant within one month from the date of receipt of this order, failing which  the complainant is entitled to execute the order as per the provisions of consumer protection Act.

                             Sd/-                          Sd/-                            

                        President                     Member    

APPENDIX         

Exhibits for the complainant

A1. Cash bill issued by OP 1

A2. Written agreement dt.29.9.12 given by  2^nd OP.

Exhibits for the opposite party: Nil

Witness examined for either side: Nil   

                                                         /forwarded by order/

                                                                 Senior Superintendent

Consumer Disputes Redressal Forum, Kannur.