Date of Filing:16.12.2008<br /> Date of Order:06.03.2009<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> <br /> Dated: 6TH DAY OF MARCH 2009<br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> COMPLAINT NO: 2716 OF 2008<br /> <br /> Sunil C.M.<br /> S/o. Mahadeva T.S.<br /> Doddakurubara Halli<br /> Jyothi Nagar Post<br /> Chikmangalore 577 102 Complainant<br /> <br /> V/S<br /> <br /> 1. The Mobile Store<br /> Essar Telecom Retail Ltd.<br /> No. 114, Shop No. 51<br /> Kempegowda Maharaja Complex<br /> K.G. Road, BVK Road<br /> Bangalore<br /> <br /> 2. Salaora International Ltd.<br /> New No. 8, Old No. 34<br /> Jumbulingam Street<br /> Nungambakkam<br /> Chennai 600 034<br /> <br /> 3. Salora International Ltd.<br /> Blue Moon Xlant, No. 388<br /> 9th Main, Sector – 7, Near SBM<br /> HSR Layout, Bangalore 560 034 Opposite Parties<br /> <br /> <br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed by the complainant stating that he has bought Sony Ericsson mobile on 10.02.2008 for Rs. 10,759.01 from opposite party No. 1. He had given same for service centre 3 times and again 4th time on 05.11.2008. But the same is not repaired. Inspite of his repeated requests the opposite parties have not responded. Matter has been brought to the notice of company by complaint No. SE7439704. Complainant submitted that he has spent nearly Rs. 4,000/- on TA & DA bills to have his mobile serviced and repaired. The complainant submitted that amount may be reimbursed together with TA & DA of Rs. 4,000/- or he requested for issue of a new mobile and requested forum to do needful. <br /> 2. Notice issued to opposite parties. Sri S. Manjunath, Advocate files vakalath for opposite party No. 1. Opposite party No. 2 has not appeared and placed as ex-parte. Representative of opposite party No. 3 was present before the forum on 20.02.2009. He submitted that matter will be amicably settled outside the court and matter was adjourned to 05.03.2009. The complainant was not present on 05.03.2009 and nobody on behalf of the complainant represented the case. <br /> 3. When the matter was taken for hearing the company representative was present and he filed memo stating that they are ready to give a new box piece W580i Sony Ericsson phone or any other model of Sony Ericsson amounting to same value of W580i Sony Ericsson to the complainant. The memo was taken on record. The company representative was present and during hearing he fairly and rightly submitted that as per the request of the complainant company is ready to replace the set with a brand new set of the same model or any other model of same value. This submission is quite just, fair, reasonable and appreciated. Complainant has purchased mobile set for Rs. 10,759/- under tax invoice dated 10.02.2008. Since, the mobile was giving trouble he gave it to the service centre. He has also produced 4 service tags. It is clear that mobile purchased by the complainant is not working properly and it is defective one. Therefore, the company is bound to replace it with defect free mobile. The company representative has fairly submitted that company is ready to give new box piece of W580i Sony Ericsson or any other model of same value to the complainant. The complainant in his prayer also sought for direction to issue new mobile. So in view of the prayer of the complainant and also submission of the company representative it is just, fair and proper to direct the opposite parties to give a new brand new mobile set to the complainant of value Rs. 10,759/- giving choice of selection to the complainant. If the complainant takes mobile set of lesser value the difference of amount shall have to be given to the complainant by the opposite parties. In the result I proceed to pass the following:<br /> ORDER<br /> 4. The Complaint is allowed. The opposite parties are directed to give new box piece of Sony Ericsson Model W580i or any other model of the value of Rs. 10,759/- to the complainant within 30 days from the date of this order. The complainant will be having choice to select the model. <br /> 5. The opposite parties are directed to give Rs. 1,000/- as costs of the present proceedings to the complainant in addition to the replacement of mobile set.<br /> 6. Send the copy of this Order to both the parties free of costs immediately. <br /> 7. Pronounced in the Open Forum on this 6TH DAY OF MARCH 2009. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> <br /> MEMBER MEMBER<br />