D.o.F:19/2/09

D.o.O.10/6/09

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                          CC.NO. 56/09

                  Dated this, the 10th  day of June  2009

PRESENT:

SRI.K.T.SIDHIQ                               : PRESIDENT

SMT.P.RAMADEVI                       : MEMBER

SMT.P.P.SYAMALADEVI                        : MEMBER

Anoop Alex,

S/o Alexander,

Elavungal House, Rajapuram Po,             :  Complainant

Hosdurg Taluk.

One-2 One Telecom,

Near Juma Masjid, Busstand,                    : Opposite party

Kanhangad

                                                                 ORDER

SRI.K.T.SIDHIQ: PRESIDENT

        Complainant Anoop Alex filed this complaint on the ground that the Nokia mobile phone No.1208 worth Rs.1700/- from opposite party’s  shop on 22/2/08  became defective within 3 months.  It was taken to opposite party for servicing.  Opposite party returned  the same after checkup.  Again the defects recurred but on approach, opposite party refused to  rectify the defects.  Though a lawyer notice was caused, no reply was sent to the said notice.  Hence the complaint claiming the replacement of the mobile phone with compensation and costs.

2.    Opposite party remained absent inspite of receipt of notice by registered post.  Hence opposite party set exparte.

3.    Complainant  Sri.Annop.filed affidavit in support of his case.  Exts.A1 to A6 marked.  Complainant heard and the documents perused  carefully.

4.   Ext.A2, users manual guide show that the manufacturer of the Mobile phone M/s Nokia corporation has provided limited warranty to the Nokia Mobile Phone  for a period of 12 months from the  date of purchase.

5.      The complainant purchased the mobile phone on 22/2/08 as evident from Ext.A1,  purchase bill.  Of course the defects are occurred during the warranty period.  Therefore the complainant is entitled either for the replacement of the mobile phone or for the refund of the price paid.  Definitely a customer   will put to severe mental agony if a brand new product shows signs of troubles within a shorter period of purchase.  The non replacement of the mobile phone with a defect free one is unfair trade practice on the part of the opposite party .

    Therefore the complaint is allowed and the opposite party is directed to refund Rs.1700/- that he  collected from the complainant towards the purchase price of the mobile phone with a compensation of Rs.2000/- and a cost of Rs.1000/-.  On receipt of the amount the complainant shall return the mobile phone  to the opposite party and obtain the receipt.  Had the opposite party got a case that it is the manufacturer who is liable to return  the purchase price of the mobile phone,  opposite party can recover the amount paid to the complainant from the manufacturer M/s Nokia Corporation through appropriate legal proceedings.  Time for compliance of the order is limited to 30 days from the date of receipt of copy of the order.

MEMBER                                                MEMBER                       PRESIDENT

Exts.

A1- purchase bill

A2- Users Manual

A3-30/5/08 copy of  intimation

A4-19/8/08-copy of lawyer notice

A5-Postal acknowledgment

A6- post receipt

MEMBER                                              MEMBER                              PRESIDENT

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