IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR Present: Sri.K.Gopalan: President Smt.K.P.Prethakumari: Member Smt.M.D.Jessy: Member Dated this, the 22nd day of October 2009 CC.NO.188/2009 Jose, Palladu House, Kacherikkadavu, Koottupuzha. (Rep.by Adv.P.Jayanandan) Complainant Proprietor, Fast Mobile Park, New Bus stand, Iritty. Opposite party O R D E R Sri.K.Gopalan, President This is a complaint filed under section 12 of Consumer Protection Act for an order directing the opposite party to refund Rs.1900/- and to pay Rs.5000/- as compensation. The case of the complainant in brief is as follows: the complainant purchased three new mobile phones from the opposite party on 21.6.2008 and obtained bill on payment. But the mobile phone SamsungSGH-C.160, IMEI No.354196/01/76605 P as per the bill became defective and when contacted the opposite party he agreed to replace it. The set which costs Rs.1900/- entrusted to the opposite party on 12.7.2008 for replacing it. The opposite party issued Job card cum delivery note dt.12.7.08 on checking the set. Opposite party assured to replace the phone at a near date but the opposite party never replaced it though repeated enquiry have been made. Complainant sent lawyer notice. But no reply sent. Hence this complaint. Forum sent notice to opposite party. Acknowledgement returned but opposite party did not take care to appear before the Forum and to attend the case. Since it is found properly served the name of the opposite party called in the open court absent and set exparte. The complainant filed chief affidavit in lieu of chief examination and marked Ext.A1 to A4 on the side of the complainant. The main point to be decided whether or not there s any deficiency in service on the part of opposite party and if so whether the complainant is entitled for the relief sought for? Complainant filed chief affidavit in support of the pleadings. Complainant purchase Samsung SGH C.160 brand new mobile phone from the opposite party on 21.6.08. Ext.A1 proves that the opposite party sold the same for Rs.1900/- on 21.6.2008. Complainant gave evidence that he had entrusted the above said Samsung model SGH C.160 type IMEI No.354196/01/76605/0 to opposite party to attend the complaints. Extg.A2 job card cum Delivery note dt.12.7.08 make it clear that the complainant entrusted the hand set to opposite party for the rectification of the defects. Ext.A3 dt.7.11.08 is the lawyer notice sent by the complainant to opposite party calling upon to return the Hand set at the earliest or to return the amount of price paid by him. Ext.A4 acknowledgement proves that the lawyer notice had been received by the opposite party. Complainant entrusted the hand set to opposite party for the purpose of rectification of the defect. Ext.A2 shows that opposite party received the Handset almost immediately after the purchase with a difference of less than 15 days for attending defects. Ext.A2 also proves the nature of defect that had been suffered to the set was ‘charging complaint battery’. No doubt opposite party is bound to rectify the defects but he did not. Complainant stated that even after repeated enquiry opposite party has not been responded. Opposite party has not also been replied the lawyer notice. Ext.A3. the deficiency in service on the part of opposite party has been proved beyond doubt. The hand set purchased by the complainant was a defective one. The none returning of the set even after the lawyer notice is anything but unfair trade practice for which opposite party is liable to meet the consequences. In the light of the above discussion we are of opinion that the opposite party is liable to pay an amount of Rs.5000/- altogether including the price of the handset, compensation and cost. In the result, complaint is allowed directing the opposite party to pay Rs.5000/-(Rupees Five thousand only) to the complainant within 30 days from the date of receipt of this order, failing which the complainant is allowed to execute the order against opposite party as per the provisions of consumer protection Act. Sd/- Sd/- Sd/- President Member Member APPENDIX Exhibits for the complainant A1 & A2. Cash bill and job card issued by OP A3 &A4. copy of the lawyer notice and Postal AD Exhibits for the opposite party: Nil Witness examined for either side: Nil /forwarded by order/ Senior Superintendent
......................GOPALAN.K
......................JESSY.M.D
......................PREETHAKUMARI.K.P | | 
