ORDER

By Smt. PREETHI SIVARAMAN.C, MEMBER  (President In-Charge)

1.          Case of the complainant is that  on 6-09-2018 complainant’s son Aadhil.M. Nazar had purchased one PANASONIC ELUGA RAY 700 Mobile phone from opposite party No.2

shop namely 3G Mobile world , Perintalmanna for an amount  of  Rs.10,500/-(Rupees Ten thousand five hundred only) with one year warranty. 

2.      Within two days  the phone became defective  and had problems like  overheating etc occurred , but due to the quarterly  exams complainant’s son  could not  contact  with opposite party No.2.  Thereafter his son  contacted opposite party No.3, the Service centre Hadi communications,  but they refused  to change the phone.  But changed the software  of the phone.  But the same problem again manifested and opposite party No.3 repaired it  and returned the phone to his son on 04-10-2018.  But  again the problem  exists  and  complainant’s son  along with Jishnu,  staff of  opposite party No.2 shop approached  to opposite party No.3  and on 07-11-2018  opposite party No.3 returned the phone  to Aadhil stating that,  he had  repaired and changed the parts of  the phone except display. But the problems are still persist , hence this complaint. At the time of filing CC/36/2019  original purchaser of the above phone Mr. Aadhil M. Nazar was a minor, so his father was the complainant.  Thereafter as per IA 177/2020 the above Aadhil  produced his birth  certificate and  declared that  he became major now .  Hence  he is the complainant now.

3.          On receipt of the complaint, notice  was issued  to  all the opposite parties  and  opposite party No.1 appeared and filed vakkalath and version .  Thereafter they  did not  appear before the Forum. Hence opposite party No.1 set exparte. Opposite party No.2 and 3 never appeared before the Forum .  Hence they also set exparte.

4.             In order to substantiate the case of the complainant, he filed an affidavit in lieu  of Chief examination and the documents, he produced were marked  as Ext. A1to A3. Ext. A1 is the Birth certificate of Aadhil M. Nasar, Ext. A2 is the true copy of retail invoice given by opposite party No.2 to complainant, Ext.A3 is the true copy of Warranty card.

5.         The allegations against opposite parties are proved by the unchallenged evidence of complainant. Hence we allow this complaint holding that opposite parties are deficient in service.

6.       Therefore, we direct the opposite parties  to pay Rs. 10,500/-(Rupees Ten thousand  and five hundred only ) as the cost of the Mobile phone   and  Rs. 3000/-(Rupees Three thousand only)   for the mental agony and hardship suffered by him by the act  of the  opposite  parties  and Rs. 3000/- (Rupees Three thousand only) as compensation  for the deficiency  in service of opposite parties  and financial loss  sustained  by complainant and Rs. 1,000/-(Rupees One thousand only) as cost.  The order shall be complied  within one month  from the date of receipt of copy of this order.

7.          If the above said  amount  is not paid  to the complainant within  30 days  from the date of receipt  of copy  of  this order, the opposite parties are  liable to pay  the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy  of this  order till realisation.