IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA. Dated this the 11th day of March, 2011. Present:- Sri. Jacob Stephen (President) Smt. C. Lathika Bhai (Member) Sri. N. Premkumar (Member) C.C.No.15/2011 (Filed on 12.01.2011) Between: Kuruvilla Sakhariah, Palolimannil Veedu, Nedumprayar Muri, Maramon.P.O. Pathanamthitta Dist. ..... Complainant. And: 1. The Mobile Store Ltd., Central Junction, Pathanamthitta. 2. The Proprietor, Mobile Store Ltd., Central Junction, Pathanamthitta. ..... Opposite parties. O R D E R Sri. N. Premkumar (Member): The complainant filed this complaint for getting a relief from the Forum. 2. The fact of the case in brief is as follows: Complainant purchased a mobile phone ‘Nokia E 63’ on 02.10.2010 from the opposite parties by paying ` 9,039. After one hour, the said phone became non useful because of its improper functioning. On further examination, it is revealed that the said phone has the fault of manufacturing defect. The complainant went to opposite parties’ shop and try to convince the fault. 3. Even though complainant approached opposite parties several times, they try to escape from on or other reasons and cannot resolve the complaint. Therefore complainant issued a registered notice to the opposite parties calling upon to resolve the problem. But they failed to response it. Hence this complaint for getting the replacement of mobile phone with compensation and cost. 4. Opposite parties neither appeared nor filed version. Hence they were declared as exparte. 5. From the above pleadings, following points were raised for consideration: (1) Whether the complaint is maintainable before this Forum? (2) Whether the reliefs sought for in the complaint are allowable? (3) Reliefs & Costs? 6. Point Nos.1 to 3:- In order to prove the complainant’s case, the complainant filed proof affidavit along with certain documents. The documents produced were marked as Exts.A1 to A2 series. Ext.A1 is the letter received from opposite parties. Ext.A2 is the copy of notice dated 20.12.2010 issued by the complainant to the opposite parties. Ext.A2(a) is the postal receipt of Ext.A2. 7. Opposite parties would not turned up and hence they were declared as exparte. After closure of evidence, complainant was heard. 8. On going through the materials on record, it is revealed that the complainant purchased a mobile handset ‘Nokia E 63’ by paying ` 9,039. But the said handset became faulty within hours and the opposite parties failed to replace it even though the complainant approached several occasions. 9. On a perusal of Exts.A2 and A2(a), it is evident that opposite parties received the notice. Ext.A1 shows that opposite parties admitted the defect of handset. But they failed to resolve the problem. 10. Opposite parties neither appeared nor adduced evidence to disprove the complainant’s case. Hence complainant’s case stands proved unchallenged. 11. It is not disputed that the complainant’s mobile handset has been faulty. He paid ` 9,039 as price of mobile phone. Therefore, it is the boundan duty of opposite parties to replace the complainant’s ‘Nokia E 63’ handset, which is non-functioning due to fault. Denying replacement of mobile phone is a clear deficiency of service. Therefore, the complaint is maintainable and allowable with compensation and cost. 12. In the result, the complaint is allowed, thereby the opposite parties are directed to replace a new ‘Nokia E 63’ mobile phone having the value of ` 9,039 (Nine Thousand and Thirty Nine only) with compensation of ` 1,500 (Rupees One Thousand Five hundred only) and cost of ` 500 (Rupees Five hundred only) or to pay the price of the mobile phone with the compensation and cost ordered herein above within fifteen days from the date of receipt of this order failing which the complainant is allowed to realise the whole amount with 9% interest from today till the realisation of the whole amount. Complainant is also directed to return the mobile phone purchased by him on compliance of this order by the opposite parties. Declared in the Open Forum on this the 11th day of March, 2011. (Sd/-) N. Premkumar, (Member) Sri. Jacob Stephen (President) : (Sd/-) Smt. C. Lathika Bhai (Member) : (Sd/-) Appendix: Witness examined on the side of the complainant: Nil. Exhibits marked on the side of the complainant: A1 : Letter sent by opposite parties to the complainant. A2 : Photocopy of the registered notice dated 20.12.2010 issued by the complainant to the opposite parties. A2(a) : Postal receipt of Ext.A2. Witness examined on the side of the opposite parties: Nil. Exhibits marked on the side of the opposite parties: Nil. (By Order) Senior Superintendent. Copy to: (1) Kuruvilla Sakhariah, Palolimannil Veedu, Nedumprayar Muri, Maramon.P.O., Pathanamthitta Dist. (2) The Proprietor, Mobile Store Ltd., Central Junction, Pathanamthitta. (3) The stock file. | 
