D.o.F:19/10/2011

D.o.O:17/12/11

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                      CC.266/11

                   Dated this, the 17th    day of  December 2011.

PRESENT

SRI.K.T.SIDHIQ                        : PRESIDENT

SMT.P.RAMADEVI                    : MEMBER

SMT.BEENA.K.G.                     : MEMBER

K.P.Rameshan,

Kizhakkepurayil,

Koovappara, Kunnumkai  PO.                         : Complainant

(in person)

Shyam, Vimala Mobile World,

Mobile phone Sale and Service,                     : Opposite party

Vellarikundu, Parappa.

(Exparte)

                                                                                             ORDER

SMT.P.RAMADEVI : MEMBER

The facts of the complainant in brief are as follows:

   That the  complainant had purchased a cellular mobile phone of Nokia  Company from the  opposite party on 15/2/11 for an amount of  `7700/-.  The complainant used the phone only for 1 ½ months and after that the phone  stopped its functioning.  The complainant  approached  the opposite party and handed over the phone to  him for  repair.  The opposite party assured the complainant that he will replace a new phone.  But inspite of   repeated requests the opposite party neither repaired  nor replaced  a new phone .  The complainant is being a senior  civil police officer constrained to purchase another phone for his official purpose.  Hence he is not in need  of another phone.  Therefore he is seeking a relief for returned  the price of the phone and also compensation for mental agony.

2.  On receipt of notice from this Forum the opposite party is not turned up   and no version filed.

3.   The complainant is examined as PW1 and Exts.A1 to A3 marked.  Heard the complaint.

4.   After considering the facts of the case the following issues raised for consideration?

1.  Whether there is any deficiency in service on the part of the opposite party

2. If so what is the relief and costs?

5.   The  complainant purchased the mobile phone set on 15/2/2011 and it is given for repair on 29/3/2011.  The complainant used the phone only 1 ½  months.  The complainant filed this complaint before this Forum is on 18/10/2011.  That means the complainant was waiting for repair or replacement for a period of 7 months.  So far the  opposite party did not repaired or replaced the mobile phone set.  That itself is a deficiency in service on the part of the opposite party.  The opposite party  has not submitted any contra evidence before the Forum.  Moreover being a police officer it is highly necessary to have a mobile phone  since he is having an official sim card.  The negligence on the part of opposite party will  cause mental agony  to the complainant and the opposite party is liable to compensate the same.

     Therefore the complaint is allowed and the opposite party is directed to pay  `7700/-being the price of the mobile  and ` 3000/- towards compensation for mental agony.  Time for  compliance is limited to 30 days from the date of receipt of copy of this order.

Exts:

A1-15/2/2011- cash bill

A2- warranty

A3-Nokia user guide

PW1-K.P.Rameshan-complainant.

MEMBER                                       MEMBER                                                     PRESIDENT

eva