By Jyothikumar, Member.

 

The petition was filed on 15.11.2010. The complainant had purchased one L.G.Brand Mobile phone from the first opposite party on 10.04.2010. Cost of the phone is Rs.3100/-, while at the time of purchasing the phone opposite party No.1 had assured him that this is the one of the best mobile phone available in the market. The same was guaranteed from all complaints and manufacturing defects for one year.

            Within 3 months from the date of purchase the mobile phone became defective. The complainant approached the Ist opposite party to rectify the defects. But the same complaint was repeated and defects were not rectified. So the mobile phone was entrusted to the first opposite party on 15.09.2010 and the same was not returned nor the defect was cured. The complainant is alleging deficiency in service on the part of the opposite parties for not get it repaired or substituted.

Notice sent to the opposite party No.1 was returned with an endorsement ‘unclaimed’. Notice sent to the OP2 &OP3 were served. Hence opposite parties were called absent and set-exparte.

Complainant was examined as PW1 and Ext.A1 to A4 were marked on complainant’s side. From the evidence and exhibits the case of the complaint is proved. Before filing the complaint the complainant had approached opposite parties to get back the mobile phone defect free. Even though the complainant had informed the deficiency in service, the opposite parties did not take any steps to redress the grievance. Hence the Forum is of the opinion that the opposite parties were deficient in their service.

In the result petition is allowed and the opposite parties are jointly and severally liable to pay an amount of Rs.3100/-(Rupees three thousand one hundred only)cost of the mobile phone along with compensation of Rs.1000/-(Rupees one thousand only) and cost of Rs.250/-(Rupees two hundred and fifty only) to the complainant within one month from the date of receipt of the order.

 

 

 

 

 

Pronounced in the open court this the 30^th   day of September 2011.

Date of filing:15.11.2010.

 

 

SD/-PRESIDENT                      SD/-MEMBER               SD/- MEMBER

 

APPENDIX

 

Documents exhibited for the complainant:

A1. Photocopy of Tax invoice bill issued by the first opposite party to the

         complainant dtd.10.04.10.

A2. Guarantee card issued by the first opposite party to the complainant

            A3.Service request form given by the complainant to the first opposite party

         dtd.10.09.2010.

A4 Photocopy of the notice issued by the complainant to the first opposite party

     dtd.23.09.2010.

 

Documents exhibited for the opposite party:

Nil

 

Witness examined for the complainant:

PW1.Krishnankutty(Complainant)

 

Witness examined for the opposite party:

 None

                                                                                                            Sd/-President

 

//True copy//

 

(forwarded/By Order)

 

 

 

SENIOR SUPERINTENDENT