BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.

Dated this the 19^th day of April 2014

(Camp sitting at Piravom)

Filed on : 28/02/2014

PRESENT:

Shri. A. Rajesh, President.

Shri. Sheen Jose, Member.

Smt. Beena Kumari V.K. Member

CC.No.140/2014

Between

Abi Abraham, : Complainant

Narekkatu house, (party-in-person)

Mulloorpady, Piravom P.O.,

Ernakulam-686 664.

Vs

Manager, Samsung Service Centre, : Opposite party

Service Centre No. 0004261673, (absent)

29/5B, First Floor,

C. Jacob & Sons,

Ernakulam-682 019.

O R D E R

Sheen Jose, Member.

Complainant present. Opposite party called absent. No oral evidence for the complainant. Exts. A1 and A2 were marked on the side of the complainant. Heard the complainant who appeared in person.

2. According to the complainant he entrusted his handset with the opposite parties for repair on 05/12/2013. It is stated that on 06-12-2013 the opposite party returned the hand set after its repairs, however the complainant came to know that the same has not been repaired. Accordingly on 07/12/2013 he again entrusted the hand set to the opposite parties for repairing.

3. Ext. A1 goes to show that the 2^nd opposite party accepted the mobile hand set from the complainant on 07-12-2013. Ext. A2 letter issued by the complainant to the opposite parties dated 31-12-2013 would show that the complainant requested the opposite parties to deliver the handset after its repairs. It is to be noticed that even after receipt of Exbt. A2 notice the opposite parties failed to return the handset to the complainant for reasons not explained.

4. Since admittedly the gadget is out of order within the warranty period itself, the complainant is entitled to get the mobile phone replaced. Evidently the opposite party received the mobile hand set on 07-12-2013 and failed to return the same till date which amounts to deficiency in service on the part of the opposite party. Thereby the complainant is entitled to get mobile hand set repaired free of cost. The complainant is also entitled to get Rs. 1,500/- towards costs of proceedings.

5. In the result, we allow the complaint and direct as follows:

i. the opposite party shall be deliver the hand set of the complainant in working condition.

ii. The opposite party shall also pay Rs. 1,500/- towards compensation and costs of the proceedings.

Pronounced in the open Forum on this the 19^th day of April 2014

Sd/-A. Rajesh, President.

Sd/- Sheen Jose, Member.

Sd/-Beena Kumari V.K., Member.

Forwarded/By Order,

Senior superintendent.