1. JIMMY KORAH 2. K.Anirudhan 3. Smt;Shajitha Beevi
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
SRI. K. ANIRUDHAN (MEMBER) The complainant Sri. Kunjumon has filed the complaint before this Forum, alleging deficiency of service on the part of the opposite party. The contentions of the complainant is that, on 6.4.2007, he has purchased a Nokia Mobile Phone Model No.1600 from the opposite party after paying a sum of Rs.2200/- with the guarantee for a period of one year. But it became defective within 2 days. When contacted, the opposite party informed the complainant that they will rectify all the defects within one year. As such, the opposite party directed the complainant to contact their authorized service centre of Nokia at Alappuzha. The authorized service centre had collected a sum of Rs.300/- from the complainant for rectifying the defects of the set. On 20.4.007 the complainant again contacted the service centre for collecting set. They have, returned the set to the complainant without rectifying the actual defects. The defects are occurred within the guarantee period. Since there was no positive step to rectify the defects of the set on the part of the opposite party, the complainant filed the complaint before this Forum for relief. 2. Notice was issued to the opposite party, and it was accepted by the opposite party on 18.8.07. But the opposite party was not entered appearance. Considering the absence, opposite party was set exparte. 3. Considering the contentions of the complainant this Forum raised the issue whether there is any deficiency of service on the part of the opposite party. 4. Complainant filed proof affidavit; and produced documents A1 and A2 in evidence. He has filed the Bill dt. 6.4.07 for Rs.2200/- showing the price of the Nokia Mobile Phone Model No.V 1600 purchased by the complainant from the opposite party, along with the service job sheet showing the warranty terms and conditions of repair. 5. On perusal of the complaint, proof affidavit and documents given in evidence and on a detailed hearing this Forum is of the view, that there is deficiency of service and unfair trade practice on the part of the opposite party and the complaint is to be allowed. In the result, we direct the opposite party to give a new set of the same model of Nokia Mobile Phone to the complainant, after collecting the disputed set from the complainant; and to pay a sum of Rs.1000/- (Rupees one thousand only) as compensation for mental agony and inconvenience together with a cost of Rs.500/- (Rupees five hundred only) to the complainant. We further direct the opposite party to give the new set, compensation and costs to the complainant within one month from the date of receipt of this order. Pronounced in open Forum on this the 10th day of April, 2008. Sd/- SRI. K. ANIRUDHAN : Sd/- SRI. JIMMY KORAH : Sd/- SMT. N.SHAJITHA BEEVI: APPENDIX:- Evidence of the complainant:- Ext.A1 - Bill dated 6.4.2007 for Rs.2200/- Ext.A2 - Service job sheet dt. 19.7.2007 Evidence of the opposite party:- Nil
