<br /> Sri.K.Gopalan,President<br /> <br /> This is a complaint filed under section 12 of the consumer protection Act for getting an order directing the opposite party to pay Rs.7500/- as compensation.<br /> Complainant purchased a mobile phone Motorola Model No.119, IMEI.No.353289011702232, MSN No.073 L 974Z75 for Rs.1, 300/- on 7.6.07. There was one year warranty for the same that is up to 6.6.08. It was assured that the set will be repaired incase any mistake or defects occurred during the warranty period. But when the complainant start switch on the set on 25.3.08 the set was not working. Complainant approached the opposite party with set and warranty card to repair it. Opposite party examined the mobile set and told that the set is out of order and it has to send Motorola Service centre, Kannur for repair since the warranty period is not over. If it has to be repaired urgently he told the complainant to go directly to the service centre. Accordingly complainant went to the service centre in Kannur with bill and warranty card. But he was told from the service centre that warranty period is over as per MS number and the bill obtained from opposite party is not valid bill, so that the set cannot be repaired. Complainant returned back and approached the opposite party again and explained his experience with the service centre. Opposite party did not make any satisfactory explanation and refused to repair the set.<br /> Complainant sent a notice on 23.4.08 calling upon to attend the grievances of complainant within 10 days. But there was no response on the part of opposite party. He did not take care to send reply. Complainant went to the service centre, Kannur three times and to opposite parties shop also. Complainant’s father was working in out of state. Since the mobile set was out of order his father could not contact the family directly but had been depended the phone of the neighbors. The complainant and his family suffered much for which the opposite party alone is responsible. Hence this complaint praying for a compensation for Rs.7500/-<br /> Forum sent notice to opposite party and acknowledgment returned. The opposite party did not take care to appear before the Forum. or to file version <br /> The main question to be decided is whether there is any deficiency on the part of the opposite party?<br /> The evidence consists of the oral testimony of complainant as PW1 and documentary evidence as Exts.A1 to A5<br /> Ext.A1 is the cash memo issued by opposite party. Cash bill shows the particular as C.119 IMEI 353289011702232 MSN.073L974Z75. The amount shown isRs.1300/-. Ext.A1 proves that the complainant has purchased the mobile set from opposite party for Rs.1300/-, Ext.A2 is the one year product warranty. Complainant purchased the mobile set on 7.6.07 and it has become defective on 25.3.08. The defect occurred within the warranty period. Ext.A3 reveals the fact that the bill issued by the opposite party wasn’t valid bill. The mobile set was returned to the complainant because of non production of valid bill. Non issuance of original bill undoubtedly amounts to unfair trade practice. Hence the opposite party is liable to pay compensation to the complainant. Hence we are of the opinion that complainant is entitled for compensation for an amount of Rs.1300/- and a cost of Rs.200/-.<br /> In the result, the complaint is allowed directing the opposite party to pay a sum of Rs.1300/- (Rupees One thousand three hundred only) as compensation together with Rs.200/- (Rupees Two hundred only) 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 as per the provisions of the consumer protection Act.<br /> <br /> Sd/- Sd/- Sd/-<br /> President Member Member<br /> APPENDIX<br /> Exhibits for the complainant<br /> A1.Cash bill dt.7.6.07 issued by OP<br /> A2.Warranty cared issued by OP<br /> A3.Job sheet dt.15.4.08 issued from Motorola service centre<br /> A4.Copy of the letter dt.23.4.08 sent to OP<br /> A5.Postal acknowledgement card<br /> Exhibits for the opposite parties: Nil<br /> Witness examined for the complainant<br /> PW1.Complainant<br /> Witness examined for the opposite parties<br /> Nil<br /> /forwarded by order/<br /> <br /> Senior Superintendent<br /> <br /> Consumer Disputes Redressal Forum, Kannur<br /> <br /> <br />