By Sri. Jose. V. Thannikode, President:

The complaint is filed under section 12 of the Consumer Protection Act to get replace of his defective mobile and cost and compensation for the deficiency of service by the Opposite Parties.

2. Brief of complaint: The Complainant had purchased a Karbonn Mobile (model No.A-29) worth Rs.10,490/- from the 1^st Opposite Party on 25.05.2014. The 1^st Opposite Party had assured that the product is free from any complaints and the same is proved to be one among the best quality mobile available in India especially for internet use and there by induced the Complainant to purchase the same. Believing the words of the 1^st Opposite Party the Complainant had paid the amount and purchased the mobile.  The 1^st Opposite Party assured the complainant that in case the mobile shows any complaints it will be replaced immediately. Since the Complainant had no internet access she purchased the same and used the mobile for internet access. But the mobile showed many complaints including non working of the keys, self dialing and touch screen stopped responding and the Complainant had approached the 1^st Opposite Party with the mobile and all accessories. The 1^st Opposite party had misbehaved towards the Complainant and shouted that he is not liable for the complaints of the mobile. When the Complainant asked the Opposite Party as to his assurance he said that he will tell more than to get the mobile sold and the further responsibility is on the company. The Complainant had purchased the mobile on the assurance and guarantee provided by the Opposite parties.

3. As instructed by the 1^st Opposite party the Complainant had handed over the mobile etc to the 2^nd party's authorized service centre at Sulthan Bathery namely Aura Mobile care, K.M. Building, Opposite Panchayath Office, on 08.10.2014. But till today the respondents had not replaced nor returned the mobile to the Complainant. The action of the Opposite Parties amount to unfair trade practice and deficiency in service. The Complainant had suffered monetary loss, undergone mental agony due to non availability of the mobile in time. The Complainants of the mobile are due to manufacturing defects.

4. The Complainant had suffered severe loss on account of the non availability of mobile in time. The Complainant had approached the Opposite parties on many times, but they have till today not returned the mobile or replaced the same.

5. Hence prayed before the Forum for a direction to the the Opposite party to :-

(a) Replace the mobile immediately.

(b) To pay compensation of Rs.5,000/- to the Complainant.

© To pay Rs.2,500/- as cost of this complaint.

5. Notice were served to Opposite parties on 06.12.2014, 05.11.2014 and 09.12.2014 respectively, but they were not appeared before the Forum and all Opposite Parties set exparte on 05.01.2015.

6. Complainant filed proof affidavit and stated as stated in the complaint. He is examined as PW1 and Exts.A1 and A2 is marked. Ext.A1 is the warranty card and service centre list issued by 2^nd Opposite party through 1^st Opposite party which shows one year warrant for the mobile set. Ext.A2 is the receipt issued by the 3^rd Opposite

party to the Complainant dated 08.10.2014 which shows the Complainant entrust the mobile set and assurance to 3^rd Opposite Party.

7. On considering the complaint, affidavit and documents were raised the

following points for considerations.

1. Is there any deficiency of service from the part of Opposite Parties ?

2. Relief and costs.

8. Point No.1:- Since the Opposite Parties has set exparte the allegation of the complaint and documents can be believed in toto. Hence we opine that there is gross deficiency of service and unfair trade practice from the side of Opposite Parties. Hence point No.1 is found accordingly.

9. Point No.2:- Since the point No.1 is found in favour of the Complainant, the Complainant is entitled for get replace the set to get compensation and cost and Opposite parties are jointly and severally liable for the same .

Hence the complaint is partly allowed and Opposite parties are directed to replace the mobile set with new one and to pay Rs.3,000/- (Rupees Three thousand) only as compensation and Rs.2,000/- (Rupees Two thousand) only as cost of the proceedings. The Opposite Parties are directed to comply the order with one month from the date of receipt of this order, there after the Complainant is entitled for interest at 12% per annum from the whole amount.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 28^th day of January 2015.

Date of Filing:21.10.2014

PRESIDENT :Sd/-

MEMBER :Sd/-

/True Copy/

Sd/-

PRESIDENT, CDRF, WAYANAD.

APPENDIX.

Witness for the complainant:

Nil.

Witness for the Opposite Parties:

Nil.

Exhibits for the complainant:

A1. Warranty Card.

A2 Receipt issued by 3^rd Opposite party.

Exhibits for the opposite Parties.

Nil.