D.o.F; 25/4/08<br /> D.o.O:18/6/08<br /> IN THE CONSUMER DISPUTES REDRESSAL FORUM KASARAGOD<br /> CC.NO.51/08<br /> Dated this, the 18th day of June 2008<br /> PRESENT:<br /> SRI.K.T.SIDHIQ ; PRESIDENT<br /> SMT.P.RAMADEVI : MEMBER<br /> SMT.P.P.SHYMALADEVI : MEMBER<br /> <br /> P.K.Lohithakshan,<br /> S/o Late Kunhichindan Nambiar, : Opposite party<br /> Amaravathi House,Po.Karadukka,<br /> Via.Muliyar.<br /> <br /> Profits Mobile Zone,<br /> Land Mark Centre, : Complainant<br /> New Busstand,Kasaragod.<br /> <br /> ORDER<br /> SRI.K.T.SIDHIQ: PRESIDENT<br /> <br /> <br /> In nutshell, the complaint is that the complainant purchased a Nokia 6300 Mobile phone handset for Rs.7730 from opposite party who is a dealer of Mobile phones. The mobile phone was offered one year warranty. Since its enhancement connectivity was not functioning within a shorter period, complainant returned the set to opposite party for replacement. But opposite party told that they will sent it for repair. Hence the complainant entrusted the mobile phone for repair on 31/3/08 with opposite party. Then opposite party asked the complainant to came after a week. Thereafter complainant approached to opposite party several times but opposite party neither returned the mobile phone set after repair nor provided a new mobile phone set. Hence this complaint claiming replacement of mobile phone with a defect free one with a compensation of Rs.10,000/-. <br /> <br /> <br /> 2. Notice to opposite party issued by Registered Post with Acknowledgment Due. But opposite party remained absent eventhough notice is served. Hence opposite party set exparte. Complainant examined as PW1. Exts.A1 to A3 marked. Complainant heard. Claim proved.<br /> <br /> 3. Ext.A1 is the cash receipt for Rs.7730/- evidencing the purchase of Mobile phone from opposite party. Ext.A2 is the service job sheet dtd.31/3/08 issued by opposite party to the complainant. Ext.A3 is the user’s guide with warranty. Ext.A3 shows that the phone is having 12 months warranty and accessories having a warranty of 6 months. But the complaint is reported within 2 months from the date of purchase well within the warranty period. <br /> <br /> Therefore, we allow the complaint and direct the opposite party to give a new defect free mobile phone of the same price ie Rs.7730/- Opposite party further directed to pay Rs.2000/- as the cost of these proceedings. Time for compliance of this order is one month from the date of receipt of copy of the order, failing which up on the request of the complainant proceeding U/S 25&27 of C.P.Act will be initiated.<br /> Sd/ Sd/ Sd/ <br /> MEMBER MEMBER PRESIDENT <br /> Exts;-<br /> A1-Cash receipt<br /> A2-Service job sheet<br /> A3-User’s guide with warranty <br /> PW1-P.K.Lohithakshan-complainant<br /> Sd/ Sd/ Sd/<br /> MEMBER MEMBER PRESIDENT <br /> eva/<br /> /Forwarded by Order/<br /> Senior Superintendent<br />