D.o.F:19/9/2014

D.o.O:24/01/2015

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                          CC.NO.196/14

                  Dated this, the 24^th     day of  January 2015

PRESENT:

SMT.P.RAMADEVI           : PRESIDENT

SMT.BEENA K.G               : MEMBER

SMT.SHIBA.M.SAMUEL    : MEMBER

Rajan.V.K, S/o Late M Chathukutty Nambiar,

NGO      Quarters,B Block,B6,

Udayagiri, Vidyanagar, PO,                                            : Complainant

Kasaragod.

(in person)

Proprietor,  3 D Mobile Store,

Victoria Complex, New Busstand ,Kasaragod.        : Opposite party

(Exparte)

                                                                                    ORDER

SMT.P.RAMADEVI           : PRESIDENT

  The facts of the complaint in brief  are as follows

   That the complainant purchased a mobile phone from opposite party on 24/8/2014  for an amount of Rs.5600/-.  After 2 days of its purchase the  touch screen of the phone was not working and approached opposite party and the opposite party told him that it is a memory problem  and if some of the memories deleted it will be working.  Thus the opposite party deleted some memories.  Then after 6 days the problem again started and the complainant informed the same to the opposite party.  But the  opposite party instead of giving any  service.   He asked the  complainant to approach the service centre.  The complainant is do not want to go to the service centre.  He demanded replacement of the mobile phone.  But the opposite party refused  to replace  the mobile phone.  Hence this complaint is filed for necessary relief.

   Opposite party duly served the notice remained absent  and set exparte.  Complainant filed proof affidavit and Ext.A1 marked.

  Heard the complainant and documents perused.  Ext.A1 is the cash bill.  Ext.A1 shows the date of purchase on 29/8/14 and the  complaint was filed on 16/9/14 ie, within 18 days of  its purchase.  Denial of after sale service is an unfair trade practice.  Here the opposite party eventhough he received the notice from the  Forum but neither appeared nor  adduced any contra evidence.  Hence the complaint is  allowed directing the opposite party to  pay Rs.5600/- being the price of the mobile phone to the complainant and also directed to pay Rs.2000/- towards cost of the proceedings.  On receiving the amount complainant is directed to return the mobile phone with accessories to the opposite party.  Time for compliance is 30 days from the date of receipt of copy of this order

Ext.A1- cash bill

Sd/                                                                   Sd/                                                           Sd/

MEMBER                                              MEMBER                                        PRESIDENT

eva

/Forwarded by Order/

SENIOR SUPERINTENDENT