By Smt. Saji Mathew, Member:-

The Complaint in brief is as follows:- The Complainant have purchased a Karbonn Mobile Phone model No. K 442 from the 1^st Opposite Party paying Rs.3,200/-. The phone has a six month warranty. After one month of purchase, the screen display of the phone became defective. There was a blank white line 5cm width on the screen. The charge storing capacity of the battery is also very low.

2. The Complainant informed the matter to the Opposite Party. But the 1^st Opposite Party was not ready to replace the defective phone with a new one. So Complainant purchased another mobile phone. The Complainant suffered many hardship due to the deficiency in service on the part of the both the Opposite Parties. They are equally liable to compensate the Complainant. Therefore, the Complainant prays for an order directing the Opposite Party to refund the price of the phone and to pay other costs.

3. The Opposite Parties have been set exparte.

4. The Complainant has filed proof affidavit. Documents were marked as Exts.A1 and A2 on the side of the Complainant. The phone was accepted as MO1.

5. The matters to be decided are:-

1. Whether there is any deficiency in service on the part of the Opposite Parties?

2. Whether the Complainant is entitled for any relief?

6. Point No.1:- Ext.A1 shows the purchase of mobile phone model K 442 paying Rs. 3,200/- by the Complainant. Ext.A2 is the warranty card issued by the 1^st Opposite Party. The mobile phone is accepted as MO1. As stated in the complaint the screen display is seen defective. About the charge storing capacity of the battery only an expert can make any authoritative opinion. The person using this phone might have experienced difficulties by this defect. The Opposite Parties have not appeared or stated their version even before a responsible Forum. It is natural that they have not responded to the complaints of the Complainant. It is deficiency in service on the part of the Opposite Parties not to attend to the complaints made by the customer.

7. Point No.2:- As there is deficiency in service on the part of the Opposite Parties. The Complainant is entitled to be compensated.

Hence, the complaint is partly allowed and the Opposite Parties are directed to pay jointly and severally an amount equal to the price of the mobile phone Rs. 3,200/- plus Rs. 500/- as compensation total Rs.3,700/- (Rupees Three thousand Seven hundred only) to the Complainant within 30 days of the receipt of this order. The Opposite Parties are to pay an interest at the rate of 10% on the ordered amount from the date of this order till payment. On payment of the ordered amount, Complainant is directed to return the mobile phone to the 1^st Opposite Party.

Pronounced in open Forum on this the day of 28^th July 2010.

PRESIDENT: Sd/-

MEMBER : Sd/-

MEMBER : Sd/-

A P P E N D I X

Witness for the Complainant:

PW1. Dominic Joseph. Complainant.

Witness for the Opposite Parties:

Nil.

Exhibits for the Complainant:

A1. Bill. dt:22.10.2009.

A2. Warranty Card.

Exhibits for the Opposite Parties:

Nil.