By Smt. Padmini Sudheesh, President<br /> <br /> Petitioner’s case is as follows:<br /> <br /> The petitioner purchased a MP3 Music Player of Philips Company from the respondent for Rs.4000/- on 24/12/06. But it became damaged within two weeks and it was handed over to the respondent for adequate repair. But the respondent took its mending and repairing for about two months and returned to the petitioner. But the player, which was given, was also damaged. So he met the respondent on 17/3/07. Then the respondent told him that the music player should be sent to the company and for it the respondent wanted the guarantee card and it was handed over to the respondent. Again after two months, the respondent gives him the damaged one itself by saying that it was mended well. When the petitioner asked for the guarantee card back the respondent said that as it had been sent to the company, it would not be returned to him. The player is not right and continues its damaged condition. Lawyer notice sent, no reply and no solution. Hence the petition.<br /> <br /> 2. The notice issued from the Forum is accepted by the respondent on 22/11/07. When the case was called the respondent was absent and declared exparte. He willfully avoided the order of the forum <br /> <br /> 3.To prove the case of the petitioner he has filed affidavit and four documents. The documents were marked as Exts. P1 to P4.<br /> <br /> 4. Heard the counsel.<br /> <br /> 5.According to the petitioner he is entitled for the price of the MP3 player that is Rs.4000/-. He also prayed that direction shall be given to the respondent to take back the player. He also claims for compensation and costs. There is no defence evidence.<br /> <br /> 6. The petition is allowed and the respondent is directed to take back the MP3 Player and return to the petitioner the price of Rs.4000/-. He is also entitled for Rs.2000/- for mental agony and Rs.250/- towards costs. Time for compliance one month.<br /> <br /> Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open forum this the 18th day of April 2008<br /> <br />