The case of the complainant is as follows:

He had purchased a mobile phone from the Ist opposite party on 23.5.2008 for an amount of Rs.9,600/-. He had used the mobile phone only for 15 days due to the manufacturing defect and some other complaints the mobile hand set was not working. The complainant apporoached the Ist opposite party for service of the hand set. The Ist opposite party directed the complainant to

-2-

approach the 2^nd opposite party who is the authorised service center of the Ist opposite party on 14.6.2008 as per work order No.MSN.No.E.16.AJF 23ND, KER/No. 10526. He entrusted the mobile phone for repair on 14.6.2008. Evenafter repeated enquiries and demands the 2^nd opposite party had not returned the mobile phone or paid the cost of the same Nor has given any information regarding the present condition of the mobile hand set and not giving clear clarification for the delay. The mobile hand set had one year product warranty and 900 days warranty for the software of the mobile phone. The opposite parties are liable to replace the mobile phone. There was a deficiency in service on the part of the opposite parties. Hence this complaint.

The notice was served with the opposite parties. They did not appear either in person or through counsel even after accepting the notice from this forum.

The complainant filed proof affidavit and documents which are marked as exhibits A1 and A2.

Heard complainant. The case of the complainant is that the mobile hand set purchased from the Ist opposite party which was defective within 15 days after purchase. According to him the mobile phone was entrusted with the 2^nd opposite party for repair. But the opposite party did not repair or return the mobile hand set. The case of the complainant was un-challenged by the opposite parties. So we have no reasons to dis-believe the sworn proof affidavit and documents produced by the complainant. Hence we are of the opinion that the case of the complainant is to be allowed.

In the result the complaint is allowed as follows: We direct the opposite parties to refund the price of the mobile hand set

-3-

(ie.Rs.9,600/-) to the complainant and pay Rs.1000/- to the complainant as costs of these proceedings. Both opposite parties are jointly and severally liable to compensate the complainant. The order shall be complied with within a period of one month from the date of receipt of the copy of this order.