SRI.K. VIJAYAKUMARAN, PRESIDENT. Complaint for realization of Rs.1799/- being the value of the mobile phone, compensation and costs. The complainant case is that he purchased from the opp.party a Samsung mobile hand set for Rs.1799/- . But the same did not work 2 days after the purchase of the set and even though he complained to the opp.party to replace the same, they did not comply with his request and hence this complaint. Opp.party was duly served but they did not enter appearance or filed any version. Thereafter the complainant filed affidavit and Ext.P1 to P3 were marked. Points that would arise for consideration are 1. Whether there is deficiency in service on the part of the opp.party 2. Reliefs and costs. Points: The complainant has stated that he purchased a Mobile hand set from the opp.party on 11.10.2008 for Rs.1799/- evidenced by Ext. P1 invoice, and Ext.P2 bill. The hand set did not work and so he send Ext. P3 letter dated 23.10.2008. The opp.party did not refund the amount or give new hand set. Since the opp.party did not appear the evidence of the complaint stands un impeached and hence on the basis of Ext. P1 to P3 and the evidence of PW.1 the complaint stands proved In the result the complaint is allowed, directing the opp.party to refund Rs.1799/- towards the price of the mobile handset and Rs.1,000/- towards compensation and costs. Dated this the 30th day of May, 2009-05-30 . I N D E X List of documents for the complainant P1. – Invoice P2. – Bill P3. – letter dated 23.10.2009. |