O R D E R<br /> <br /> This complaint is filed under section12 of the consumer protection Act for getting an order directing the opposite party to pay Rs.250/- being the price of the Audio CD and Rs.250/- as compensation. <br /> <br /> The complainant purchased a CD namely” Hits of Raveendran “on payment of Rs.250/-. The complainant purchased the CD from the opposite party after confirming that the CD was perfectly apt for the DVD by showing the catalog of the DVD, which has been using by him. The opposite party convinced him that the CD was suitable for his DVD. But when it was used in the complainant’s set that has not been on working condition. The matter was immediately informed to the opposite party, but he was not ready either to replace it or to return the price. The opposite party was adamant to say in front of others that the goods once sold will not be taken back. The opposite party and his employees insulted the complainant in front of others. The CD was not suitable for his DVD and hence the complainant was no table to use even once. Hence this complaint.<br /> <br /> Notice sent to the opposite party seen returned with endorsement unserved . Then fresh notice was issued and acknowledgement returned. But he did not appeared. subsequently he was declared as exparte.<br /> The main question to be decided is: Whether there is any deficiency in service on the part of the opposite party and whether the complainant is entitled to get the relief as prayed.<br /> No oral evidence adduced. The chief affidavit filed by the complainant and documentary evidence Ext.A1 marked on the side of the complainant forms the evidence. The opposite party is the owner of the shop and retail stockiest of cassettes. The complainant purchased CD from opposite party on payment of Rs.250/-. Opposite party <br /> issued receipt for the amount and the same produced and marked as Ext.A1. This document proves that complainant purchased CD from opposite party for Rs.250/-. In the affidavit complainant stated that he had handover the used CD since it was not working. The CD was purchased on the assurance of opposite party that it will be suitable for the DVD of the complainant. There is no reason to disbelieve the case of the complainant that the CD purchased for the purpose of using it in the complainant’s set.Things like this really meant for immediate use and if it becomes useless it will definitely create disappointment. There is no need for elaborate discussion to understand that there is deficiency in service on the part of the opposite party in this case. Hence we are of opinion that the opposite party is liable to replace the new CD or to refund its price Rs.250/- with cost of this proceedings Rs.200/-. <br /> In the result, the complaint is allowed directing the opposite party to replace the CD or to pay Rs.250/- as the price of the CD and to pay Rs.200/- as cost of this proceedings to the complainant within one month from the date of receipt of this order, failing which the complainant is allowed to execute the order against the opposite party under the provisions of the Consumer Protection Act.<br /> Sd/- Sd/- Sd/- <br /> President Member Member<br /> APPENDIX<br /> Exhibits for the complainant<br /> A1. Bill dt.7.1.06 issued by OP<br /> Exhibits for the opposite party: Nil<br /> Witness examined for either sidie:Nil<br /> /Forwarded by order/<br /> <br /> Senior Superintendent<br /> <br /> Consumer Disputes Redressal Forum,Kannur.<br />