Vishweshwar Nagar Road,

Off Aarey Road,

Goregaon(E)Mumbai 63.                              Opposite party

(Rep.by Adv.A.K.Sjithkumar)

O R D E R

Smt.K.P.Preethakumari, Member

          This is a complaint filed under section 12 of consumer protection act for an order directing the opposite party to refund `4,298  the value of mobile along with  `5,000 as compensation .

          The complainant contended that he had purchased a mobile on 20.07.11 from opposite party by giving an amount of `3999 as the price of mobile having one year warranty and `299 as shipping charge. But it become defective within a month itself and cannot be used. Even though he had contacted the opposite party several times, he was not ready to heed the words of the complainant. So he had issued a letter to opposite party but he keeps mum. The mobile phone is completely dead and cannot be used at all. Hence this complaint.

          The opposite party remains absent even though he has received the notice so he was called absent and set exparte.

The important point to be decided in this case is whether there is any unfair practice on the part of opposite party.

The complainant filed affidavit in tune with his pleadings and Ext.A1 and A2 were produced and marked. The Ext.A1 is a system generated chalan and as per this document the opposite party had issued the mobile at his residence at Thalassery and received `3999 as value of the mobile and `299 as shipping charge. Ext.A2 is a copy of letter issued by the complainant to opposite party. But the opposite party has not turned up before the Forum even though proper notice was served upon him. This itself shows the nature of opposite party’s unfair practice. So there is no contra evidence before us and hence we are of the opinion that there is deficiency of service on the part of opposite party for which he is liable to compensate the complainant by giving back `4298 received from him along with `2000 as compensation and `1000 as cost of the proceedings and the complainant is entitled to receive the same and passed orders accordingly.

          In the result, the complaint is allowed directing the opposite party to refund `4,298 (Rupees Four thousand and Two hundred and Ninety eight only) along with `2000 (Rupees Two Thousand only) as compensation and `1000 (Rupees One thousand only) as cost of this proceedings to the complainant within one month from the date of receipt of this order, failing which the complainant can execute the order as per the provisions of consumer protection Act.

                           Sd/-                    Sd/-

                     President                Member      

  APPENDIX

Exhibits for the complainant

A1. Copy of the system generated challan dtd.20.7.2011

A2.Copy of the letter sent to OP

Exhibits for the opposite parties:

Nil

Witness examined for either side:

Nil                                                   /forwarded by order/

                                                          Senior Superintendent

Consumer disputes Redressal Forum, Kannur.