Sri.G.V.Balasubramanya,<br /> Member<br /> <br /> 1. The Complainant purchased a Nokia mobile phone from M/s Shubham Uniques, Mysore on 06.12.2005 by paying Rs.9,950/-. Since the handset was giving some problem he took it to the seller who directed him to the Opposite party saying that Opposite party is the replacement counter of his shop. Accordingly, the Complainant went to the Opposite party & handed over the handset for repairs on 02.12.2006. He was issued a job sheet. On 02.12.2007 (sic) he went and enquired with the Opposite party. He was given a replacement handset. But the replacement handset, also, started giving trouble. Hence, he took it back to the Opposite party on 19.01.2007. He was issued a job sheet. Since then, the Complainant went to the Opposite party several times to take back the handset. But he was offered a used handset in place of the one given by him. Left with no alternative, the Complainant issued a legal notice on 31.01.2007. Though the Opposite party received the notice he did not give any reply. Hence, he has filed this Complaint. He has prayed that the Opposite party be directed to deliver to him a mobile handset of equivalent model or direct him repay Rs.9,950/-.<br /> 2. The Opposite party received the notice sent from this Forum but did not appear before us on the appointed day. Hence, he was placed exparte.<br /> 3. In view of the absence of the Opposite party only one point arises for our consideration – Whether the Complainant proves the Opposite party has rendered deficient service by not returning the repaired handset?<br /> 4. The Complainant has filed cash invoice dated 06.12.2005 issued by M/s Shubham Uniques, Mysore which proves that he purchased a Nokia handset (model No.N-6600) bearing IMEI No.356640009832190. The delivery challan dated 12.02.2007 issued by the Opposite party shows that the handset was swapped with a similar model bearing IMEI No.356640004549575. The service job sheet dated 19.01.2007 issued by the Opposite party proves that the swapped handset gave problem within a week after swapping. The Complainant’s allegation is that the Opposite party has offered a used handset in place of the one handed over by him. He has filed a copy of the legal notice also. <br /> 5. The true reason for the feud between the Complainant and the Opposite party appears to be the service charges. It is mentioned in the job sheet that the handset carries no warranty. Probably, the Opposite party wants the Complainant to pay the services whereas the Complainant is not inclined to pay since the swapped handset was basely a week old. It is seen from the owner’s manual that the handset carries a warranty of 12 months. The replaced handset does not carry any further warranty as the replacement itself has been done under warranty. Further, the Opposite party has come forward to replace the handset again. But the Complainant feels that it is an used handset. In any case, the Complainant is not entitled to a brand new handset. True, the swapped handset giving trouble within a week is a cause for concern. It is clear that the Complainant has not had a trouble free use of the handset except for the first 11 or 12 months within an year purchase he is without a working handset and there is no guarantee that the handset Opposite party is going to replace to the second time will work well. Since, he has used the handset without any problem almost until the end of warranty period, we answer the point partly in the affirmative.<br /> 6. In the circumstances of the case in order to give fanality to the litigation between the parties to compensate the Complainant by directing the Opposite party to refund the amount paid by the Complainant to purchase the handset after deducting reasonable depreciation at 15%. Hence, the following order:- <br /> ORDER<br /> <br /> 1. Complaint is partly allowed.<br /> 2. Opposite party is directed to pay the Complainant Rs.8,290/- as damages within one month from the date of this order failing which the said amount will carry interest at 10% p.a. thereafter until the date of payment.<br /> 3. Opposite party shall pay the Complainant cost of Rs.500/-.<br /> 4. Give a copy of this order to each party according to Rules.<br />