IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM

Dated this the 22^nd   day of November 2018

Present:   Sri. P.SatheeshChandran Nair, President

                            Sri. K.N. Radhakrishnan, Member

                            Smt..Renu.P.Gopalan, Member

CC No. 183/18(Filed on 5/9/18)

Between:

          Subin Suresh,

          Panthayil House,

          Puthuppally PO,

          Kottayam-686011                                                ….…..Complainant

And:

1. General Manager,

Naptol Online Shopping Pvt Ltd

No.II, Konopaskabra,

Galaxy Star-I-CHS

Brahmand, Azad Nagar,

Thane West-400607

2. Subrakanth Roy(Manager)

Naptol Online Shopping Pvt.Ltd

No.II, Konopaskabra,

Galaxy Star-I-CHS

Brahmand, Azad Nagar,

Thane West-400607.                                           ….Opposite parties                              

O R D E R

Sri. K.N. Radhakrishnan Member

          The case of the complainant is  as follows:  The complainant ordered to purchased a mobile phone (Fore Star Androied Magic Smart Phones) from the opposite party 26/1/2018 through on line as order Number44304612 for an amount of Rs.4000/- including all charges and received the phone on 29/1/2018.  But the mobile phone was no such good qualities as offered by the opposite parties.  The phone battery charge was not existing.  The mobile phone was not useful to the complainant.  The complainant approached the opposite party several times for get back the price of the mobile phone or to replace the new mobile phone.  But the opposite parties did not do anything to the complainant.  There was clear deficiency in service from the side of the opposite parties.  Hence this complaint.

          The notices were served with the opposite parties.  They did not appear either in person or through their counsel even after accepting the notice from this Forum.  Hence opposite parties set exparty.

          The complainant filed proof affidavit along with 3 documents which are marked as Exts. A1 to A3 and he was examined as PW1.

          Heard complainant.  The case of complainant stands unchallenged by the opposite parties even after accepting the notice from this forum.  Hence we have no reasons to disbelieve the sworn proof affidavit and documents produced by the complainant(PW1).  So we are of the opinion that the case of the complainant is to be allowed.

          In the result the complaint is allowed as follows.

We direct the opposite parties to pay Rs.4000/- to the complainant as price of the mobile hand set and pay Rs.1000/- as costs of these proceedings.

The order shall be complied with within a period of one month from the date of receipt of a copy of this order.  The order not complied within one month the amount will carry interest @ 10% per annum from the date of order till payment.

Pronounced in the Open Forum on this the 22^nd day of Novermber, 2018.

                                                                             Sd/-

                                                                    Sri. K.N. Radhakrishnan, Member

Sri. P.SatheeshChandran Nair, President                 Sd/-

          Smt..Renu.P.Gopalan, Member                             Sd/-

Appendix

Witness on the side of complainant

PW1-Subin Suresh

Exhibits on the side of the complainant.

A1-Copy of bill

A2-Copy of email complaint

A3-Warranty card

By Order,

Senior Superintendent.