THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.

C.C.519/2013

Dated this the 2^nd day of August 2014.

            ( Present:  Sri. G. Yadunadhan, B.A., LLB.                            :  President)                      

                             Sri. L. Jyothikumar, B.A., LLB.                              :  Member

                             Smt.Beena Joseph, M.A                                       : Member

ORDER

By G.Yadunadhan, President:

          The case of the complainant is that complainant had purchased a Mobile hand set from the opposite party for Rs.4,990/- on 19.10.2013. After purchase of the mobile phone it was not functioning properly.  This fact intimated to the opposite party.  Opposite party convinced and ready to replace fresh one but so far not replied.  Hence complainant seeking relief  against opposite party  directed them to return back the amount which already paid along with compensation.

 Opposite party after serving notice  regularly appearing but complainant was not appearing before this Fora, hence Opposite party not filed version.

Points for consideration

1. Whether any deficiency of service on the part of opposite party?
2. Whether complainant is entitled to get any compensation from the opposite party? If so what is the relief and cost?

Complainant was continuously absent for the last four consecutive postings .  On the other hand opposite party regularly appearing, opposite party offered settlement in the beginning stage due to the absence of the complainant, opposite party could not performed the offer, since the complainant evade from the proceedings Fora not in a position to retained the complaint without any evidence.  Therefore complaint is liable to be dismissed.

Pronounced in the open court this the 2^nd day of August 2014.

Date of filing15.11.2013.

                                             SD/-PRESIDENT                 SD/- MEMBER                          SD/- MEMBER

//True copy//

(Forwarded/By Order)

SENIOR SUPERINTENDENT