This complaint  having come up for final hearing before us on 07.01.2015  on perusal of the material records  and on hearing the  arguments of  Thiru. R.P.Veerasekar, the counsel  for the complainant and the opposite parties remaining exparte  and having stood  before us for consideration, till this day the Forum  passed the following

By President, Thiru..P.G.Rajagopal, B.A.B.L., 

                       This complaint is filed by the complainant u/s 12 of the Consumer Protection

Act 1986.                    

2) The gist of thecomplaint filedby the complainantis that he purchased a Micromax company mobile phone model No. A58-3WHfor Rs. 3650/- from the first opposite party on30.06.2014 and within twodays from the saiddate of purchase out of theDual-Sim only one simalonewas activated and on his approachingthe first opposite party the latter directedhim to contact the second opposite party for rectifyingthe defect and on contacting the second opposite party the latter after uploadinga software assured that there would not be any problem thereafter. But again the same defect occurredin the mobile phone and when again contacted the second opposite party hetold the complainantthat there was problem inthemother board and hence it has to be sent to the Micromax company to get itreplaced and received the mobile phone on 21.07.2014 therefor.Even 15 daysthereafterthere was no reply from the second opposite party and on the other hand they had treated the complainant with discourtesyand with a negligent attitude.Thereforeit is sheer deficiency of service on the part of the opposite parties.Hence the complainantprays for an order to direct the opposite parties to give a new Mircromax mobile phone and to pay Rs. 1,00,000/- (Rupees one lakh only) towards compensation for the mental agony, inconvenience and expenditure incurred by the complainant along with cost of his litigation.

3) The opposite parties having received the notice of this complaint had failedto appear before this Forum and hence they were set exparte on 15.10.2014.

                  5)   The points for Determination are:

                     1) Whether there is deficiency of service on the part of the opposite parties?

                     2) Whether the Complainant is entitled to any relief? If so to what relief?

A58-3WH mobile phone for Rs. 3650/- on 30.06.2014 from the first opposite party.Ex.A.2 is the receipt in the proforma given by the second opposite party for receiving mobile phone for rectification ofthe defect from the complainant.Ex.A.3 is theoffice copy of the notice issuedby the complainant to the opposite parties. Ex.A.4 is the postal acknowledgement card of the first opposite party and Ex.A.5 is the postal acknowledgement card of the second opposite party.

7) The purchase of the mobile phone from the 1^st oppositeparty, its defect with respect to the nonfunctioning of the one simandthehanding over of the mobile phone to the second opposite party forrectification of the repair and for replacement of a new mobile phone are all proved by theexhibits as well as the proof affidavit of the complainant. Further the very failure on the part of the opposite parties to appear before this Forum to put forth their objections if any also would go to establish that they haveadmitted the allegation made by the complainant. Therefore both the opposite parties have been deficient in their service withoutrectifying the defect in themobile phone sold by the first opposite party and withoutreplacing itwith a new mobile phone.But the opposite parties have not chosen to sendeven a reply to the Ex.A.3, the noticesent by the complainant throughhis lawyer.Thereforethis Forum finds deficiency of service on the part of the opposite parties.

8) POINT NO.2:In the result, the complaint is partly allowed.The opposite parties are directed either jointly or severally to provide thecomplainant with a newMacromax mobile phone, to pay Rs.25,000/- (Rupees twenty five thousand only)towards compensation for the mental agony, inconvenience, hardship and expenditureincurred by the complainant owing to thedeficiency of service of the opposite parties and to pay a sum of Rs.2000/- (Rupeestwo thousand only) towards cost of this litigation within 30 days from the date of this order failing which the said amount of Rs.25,000/- (Rupees twenty five thousand only) shall also carry an interestat the rate of 12 percentage per annum from the date of this order till the date of its realization.

                    This order was dictated by me to the Steno-Typist, transcribed by her and corrected  and pronounced by me on this  28th  day of  January 2015.

MEMBER -I                                                                                                 PRESIDENT

List of documents on the side of the complainant:-

List of documents on the side of the   Opposite party :    NIL