Date of Filing:16.10.2007<br /> Date of Order: 09.01.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> <br /> Dated: 9TH DAY OF JANUARY 2008<br /> PRESENT<br /> <br /> <br /> <br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> <br /> COMPLAINT NO: 2103 OF 2007 <br /> <br /> <br /> Somakumar.N,<br /> No.13/A, I Floor, 7th Cross,<br /> III B Main, Someswaranagar,<br /> C.B. Sandra,<br /> Yelahanka New town,<br /> Bangalore-560065. Complainant<br /> <br /> V/S<br /> Mohammed Rizwan,<br /> The Gift Gallery,<br /> No.24, ITPC Shopping Mall,<br /> Whitefield Road,<br /> Bangalore-560066. Opposite Party<br /> <br /> <br /> <br /> ORDER<br /> <br /> The complainant submits that, on 5/9/2007 he had purchased Nokia 6300 mobile handset for Rs.9,000/- from the opposite party. Two days after purchase he noticed the whistling noise during the calls which made hearing inaudible. This happened very frequently. He brought the same to the notice of the opposite party. He visited Nokia Care Centre. He contacted dealer and asked for replacement or return of money. Mr. Rizwan apologized for the inconvenience and assured that he would interact with the Nokia and resolve the problem. Accordingly, he handed over the set to the opposite party. It is nearing a month since the handset was handed over for check, but till date he has not got the set back. The complainant had been cheated by selling a defective product. Therefore, the opposite party may be directed to refund the amount. Hence, the complaint.<br /> <br /> 2. Notice was issued to opposite party by registered post. Notice was served. In spite of service of notice opposite party has not appeared before this Forum. He remained absent.<br /> 3. Affidavit evidence of complainant filed. Arguments of complainant heard in person. <br /> <br /> <br /> REASONS<br /> 4. We have gone through the complaint and documents. The complainant has produced receipts dated 5/9/2007 for having purchase of Nokia handset from the opposite party. This receipt is for Rs.9,000/-. The complainant has also produced the copy of the letters sent to the opposite party. As per the case of complainant he had purchased mobile handset from the opposite party and within two days of purchase he observed whistling noise during calls which made hearing inaudible and this happened very frequently. Therefore, after noticing defect he contacted the opposite party and brought to the notice of sales person about the defect found in the handset. The complainant has stated that, opposite party assured him that, his problem will be solved and the matter will be set right and accordingly he handed over the set to opposite party. In spite of handed over the set the opposite party could not replace the set. Therefore, the complainant was forced to file the complaint. The case made out by the complainant has gone unchallenged. The opposite party has not contested the matter. It appears that the opposite party has no defense to make the allegation made by the complainant shall have to be accepted since there is no denial from the opposite party. Therefore, by the allegation made in the complaint, it is clear that there is a deficiency in service on the part of the opposite party. Therefore, the opposite party is bound to replace the mobile handset or refund the amount of Rs.9,000/- to the complainant. In the result, we proceed to pass the following:-<br /> ORDER<br /> <br /> 5. The complaint is allowed. The opposite party is directed to replace the defective mobile set of new model with a good mobile set to the complainant. The complainant is at liberty to purchase another Nokia handset from the opposite party to the extent of value of Rs.9,000/- or the complainant can take back the amount of Rs.9,000/-. If the complainant purchases handset of worth less than Rs.9,000/-, the balance amount has to be paid back to the complainant. <br /> 6. The complainant is entitled to Rs.500/- towards costs of the present litigation.<br /> 7. Send the copy of this Order to both the parties free of costs immediately. <br /> <br /> 8. Pronounced in the Open Forum on this 9TH DAY OF JANUARY 2008.<br /> Order accordingly,<br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br />