Date of Filing:17.10.2007<br /> Date of Order: 31.01.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> <br /> Dated: 31ST 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: 2106 OF 2007 <br /> <br /> <br /> D.S. Ravishankar,<br /> 34, I Main Road,<br /> Sakamma Garden,<br /> Basavanagudi, <br /> Bangalore-560004. omplainant<br /> <br /> V/S<br /> M/s Sangeetha,<br /> 22/107, 9th Main,<br /> 4th Block, Jayanagar,<br /> Bangalore-560011. Opposite Party<br /> <br /> ORDER<br /> By the President:-<br /> <br /> This complaint is filed for recovery of price of the mobile handset with interest or for new model handset.<br /> The facts of the case are that, the complainant purchased a Sony Ericsson K-750 model mobile handset from the opposite party on 21st August-2006 for a sum of Rs.10,900/- under bill No.636. The mobile handset did not switch on, so, he deposited the same on 25th April-2007 with the opposite party and got receipt No.105. There was one year warranty with the set. Mobile has not been serviced for the last six months and it is with the opposite party. In spite of oral request and personal approach he could not get the mobile handset. He sent a letter through registered post and there was no response from the opposite party. Therefore, the complainant requested that opposite party may be directed to deliver new mobile set or to pay an amount of Rs.10,900/- which was paid by him with interest and costs. <br /> 2. Notice was issued to opposite party by registered post. Notice was served. In spite of service of notice the opposite party has not appeared before this Forum. The opposite party placed exparte.<br /> 3. Affidavit evidence of complainant filed. Heard the arguments of complainant in person. <br /> 4. The points for consideration are:-<br /> 1. Whether there was a deficiency of service on the part of the opposite party?<br /> <br /> 2. Whether the complainant is entitled for<br /> new mobile handset?<br /> <br /> REASONS<br /> 5. I have perused the complaint, affidavit evidence and documents. The complainant has produced receipt No.636 dated 21/8/2006. As per this receipt it is clear that he has purchased Sony Ericsson K-750 mobile handset for Rs.10,900/- from the opposite party. It is the case of the complainant that the mobile handset was not working properly. Therefore, he deposited the same on 25th April-2006 with the dealer for service under job receipt No. 105 dated 25th April-2007. As per the case of the complainant even after six months the mobile handset was not repaired and same was not delivered to the complainant. The complainant has made several oral requests and he had personally approached the opposite party, but he could not get the handset. Lastly he had also sent notice by registered post to the opposite party. But in spite of notice he could not get the handset. Therefore, by the documents and affidavit of the complainant it is very clear that, there was a deficiency in service on the part of the opposite party. It is the duty of the opposite party to see that, customers are looked into promptly and it is the responsibility of the opposite party to provide defect free handset. The opposite party had taken Rs.10,900/- as price of the handset and one year warranty was given for the purchase and in this warranty period itself, the set did not work properly and it had problem. Therefore, the complainant deposited the same for service. But the opposite party has failed to do the service and hand over the defect free set to the complainant. Consumer Protection Act is enacted for better protection of the rights of the consumers. In this case, the opposite party has failed to provide proper service to the complainant. The case made out by the complainant has gone unchallenged. The opposite party has not appeared and contested the matter. Therefore, by accepting the case of the complainant, the opposite party shall be directed to deliver defect free new model handset to the complainant or to refund the price of the handset. In the result, we proceed to pass the following:- <br /> ORDER<br /> <br /> 6. The complaint is allowed. The opposite party is directed to provide a new defect free mobile handset of Sony Ericsson K-750 to the complainant or to refund Rs.10,900/- to the complainant with interest at 10% p.a on the said amount from 21/8/2006 till realization. The complainant is entitled to Rs.1,000/- towards costs of the present proceedings. <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 31ST DAY OF JANUARY 2008.<br /> Order accordingly,<br /> <br /> PRESIDENT<br /> <br /> We concur the above findings. <br /> <br /> <br /> MEMBER MEMBER <br /> <br />