IN THE DISTRICT CONSUMERS’ DISPUTES REDRESSAL FORUM AT MYSORE<br /> <br /> PRESENT: 1. Shri.D.Krishnappa<br /> B.A., L.L.B - President <br /> <br /> <br /> 2. Smt.Y.V.Uma Shenoi<br /> M.Sc., B.Ed., - Member<br /> <br /> CC 240/07 DATED 07-11-2007<br /> <br /> ORDER<br /> <br /> Complainant Raghavendra K.B., S/o K.Basavanna, R/at Kulagana Village, Chamarajanagara Taluk, Presently working at Senior Citizen Help Line, J.S.S. Hospital, Ramanuja Road, Mysore.<br /> (By Sri.C.Nagesh, Advocate)<br /> Vs. <br /> Opposite Party Swastik, Nokia Priority Dealer and Care Centre, No.127, D.Devaraja Urs Road, Mysore-570001.by its Proprietor,<br /> (EXPARTE)<br /> <br /> Nature of complaint : Deficiency in service<br /> Date of filing of complaint : 07.09.2007<br /> Date of appearance of O.P. : EXPARTE<br /> Date of order : 07.11.2007<br /> Duration of Proceeding : ----<br /> <br /> <br /> <br /> PRESIDENT <br /> <br /> MEMBER<br /> <br /> <br /> Sri.D.Krishnappa,<br /> President<br /> <br /> 1. The Complainant has filed this Complaint under section 12 of the Consumer Protection Act, 1986 with his grievance that he had purchased a Nokia Handset from the Opposite party on 27.11.2004. Thereafter, it developed call drop a defect, therefore he had given that handset to the Opposite party on 09.09.2005 within the warranty period for repair. The Opposite party had issued a job sheet and when he approached the Opposite party to return the handset after attending the repair, the Opposite party told him that he had sent the handset to Bangalore for repair and he will return it after getting the necessary repairs, but the Opposite party went on post phoning to return the handset after attending repairs and thereby has caused deficiency in its service. As such, the Complainant has prayed for a direction to the Opposite party to replace the handset with a new handset and in the alternative to pay him compensation of Rs.10,000/-.<br /> 2. The Opposite party to whom the notice is duly served through registered post acknowledgment due has remained absent, as such is set exparte.<br /> 3. The Complainant has filed his affidavit evidence reproducing what has been stated in his Complaint. <br /> 4. Heard the counsel for the Complainant and perused the records.<br /> 5. On perusal of the Complaint allegations, affidavit evidence, the receipt for having purchased the handset and the job card, it is manifest that the Complainant had purchased a Nokia Handset model 2300 from the Opposite party on 27.11.2004 by paying a sum of Rs.4,400/-. Further, the service job sheet dated 09.09.2005 reveal that the Complainant had entrusted the handset to the Opposite party with a Complaint of call drop which had a warranty period. It is the allegation of the Complainant that the Opposite party has not returned his handset, which was given for service and thereby caused deficiency in its service. The Complainant having proved the purchase of the handset and entrusting the mobile set to the Opposite party under the service job sheet and complained that the Opposite party has not returned the handset after effecting the repairs. In the absence of any defense by the Opposite party we have no reason to disbelieve the sworn testimony of the Complainant and his case. The Opposite party though had been given an opportunity to appear and put-forth his defence to the Complainant grievances, he has not bothered to appear and take any defence. Therefore, under these circumstances we find no justification for rejection of the claim of the Complainant and we hold that the Opposite party has caused deficiency in its service in not returning the handset by effecting necessary repairs. As such, the Complaint deserves to be allowed and pass the following order:- <br /> ORDER<br /> <br /> 1. The Complaint is allowed.<br /> 2. The Opposite party is directed to effect necessary repairs to the satisfaction of the Complainant to the Nokia Handset Model No.2300 and return the same to the Complainant within 30 days from the date of this order, failing which the Opposite party shall deliver a new Nokia handset model 2300 within 40 days from the date of this order.<br /> 3. The Opposite party is also directed to pay a sum of Rs.1,000/- to the Complainant as damages for harassment and mental agony.<br /> 4. The Opposite party is also directed to pay cost of Rs.500/- to the Complainant. <br /> 5. Give a copy of this order to each party according to Rules.<br /> <br /> (Dictated to the Stenographer, transcribed by him, transcript revised by us and then pronounced in the open Forum on this the day 7th November 2007)<br /> <br /> <br /> <br /> (D.Krishnappa) <br /> President <br /> (Y.V.Uma Shenoi)<br /> Member<br /> <br />