PBEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.

                       Dated this the 31^st day of  December 2011

                                                                                 Filed on : 27/10/2011

Present :

          Shri. A  Rajesh,                                                     President.

Shri. Paul Gomez, Member.                                   Member.

Smt. C.K. Lekhamma,                                           Member

C.C. No. 595/2011

     Between

 A.N. Naseef                                    :        Complainant

S/o. Nausad, Ariyattil house,                (By Adv. Tom Joseph, Court

Pezhakkapilly,                                            Road, Muvattupuzha)

Muvattupuzha-686 674.

                                                And

M/s. Mobile point,                            :         Opposite party

Kacherithazham,                                            (absent)

Muvattupuzha-686 661.

                                          O R D E R

A  Rajesh, President.

          The undisputed facts of the complainant’s case are as follows:

          The complainant purchased a Micromax  Mobile Phone from the opposite party for Rs. 3,700/-.  But the set became defunct within 3 months from the date of purchase.   Since the defect occurred within the warranty period the set was entrusted with the opposite party on 13-05-2011 along with the bill and warranty card.  But the set has not been returned so far.  After repeated requests, nothing was done to return the set.  So the complainant lodged a complaint before the Lok Adalath. But the set was not returned.  The inordinate delay occurred in returning the mobile phone after repairing amounts to deficiency in service on the part of the opposite party.  The complainant is entitled to get refund of the price of the set along with interest at the rate of 15% per annum till realization.  He is also entitled for Rs. 2,000/- as compensation for the mental agony and the loss of phone facility.

          2.  In spite of service of notice from this Forum the opposite party opted to remain about for reasons of their own which amounts to their acceptance of responsibility for the claim of the complainant.  Proof affidavit  has been filed by the complainant.  Ext. A1 was marked on his side.  Heard the counsel for the complainant.

          3. The question that arises for consideration is whether the complainant is entitled to get refund of the price  of the handset together with compensation?

          4. Ext. A1 receipt dated 13-05-2011 goes to show that the complainant had entrusted the phone in question with the opposite party for its repairs.  According to the complainant the opposite party failed to deliver the same repaired in spite of  repeated requests.  The complainant did not provide any document to show the price of the hand set.  In that case we are only to hold that the complainant is entitled to get a brand new mobile phone from the opposite party.  In the absence of any pleadings  or evidence to the contra we are unable to order compensation.

          5.  In the result, we partly allow the complaint and direct that the opposite party shall provide  a brand new mobile phone to the complainant   according to his choice at the price thereof.  The complainant is directed to pay the difference in price if any accordingly.

          The above said order shall be complied with within a period of one month from the date of receipt of a copy of the order.             

        Pronounced in the open Forum on this the 31^st day of  December 2011