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 24th 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