This complaint  having come up for final hearing before us on 28.01.2015  on perusal of the material records  and on hearing the  arguments of  Thiru.N.Swaminathan, Party in person  for the complainant and  Thiru. N.Selvaraj, the counsel for the opposite party subsequently remaining exparte  and having stood  before us for consideration, till this day the Forum  passed the following

By President, Thiru..P.G.Rajagopal, B.A.B.L., 

                       This complaint is filed by the complainant u/s 12 of the Consumer Protection Act 1986.                    

2) The gist of the complaint filed by the complainantt is that he purchased a Micromax X254 model phone for Rs.1950/- from the opposite party on 21.12.2013 and as there was no ring tone sound and only display on the mobile on receiving a call, he approached the opposite party that evening itself and complained about the defect.As the opposite party receiving the mobile phone asked him to come on Monday, 23.12.2013. he went to the opposite party on 23.12.2013 evening.The opposite party returned the mobile phone to the complainant saying that the defect could not be rectified and the same sort of ring tone alone will be available in all the mobile of the Micromax company.This is sheer deficiency of service on the part of the opposite party and when a notice was sent by the complainant to the opposite party on 26.12.2013 under registered post with acknowledgement due, the latter has not sent even a reply despite the receipt of the notice by him.

3) Hence the complainant prays for an order to direct the opposite party to pay a sum of Rs. 6000/- (Rupees six thousand only)at the rate of Rs.500/-per day from 21.12.2013 the date of purchase of the mobile phone from the opposite party till 02.01.2014 the date of purchase of a new mobile phone by him, to pay Rs. 1950/- the price of the defective mobile phone sold by the opposite party and Rs. 500/- towards cost of this litigation all totaling Rs. 8450/-.

4) The opposite party having received the notice of the complaint has not filed his written version despite number of adjournments granted therefor and hence he was set exparty on 05.11.2014.

5. The complainant has filed his proof affidavit  reiterating  all the averments made in his complaint and filed four documents  which are marked as Ex.A.1 to  Ex.A.4.  Written arguments  have also been submitted by the complainant.

                  6)   The points for Determination are:

                     1) Whether there is deficiency of service on the part of the opposite party?

                     2) Whether the Complainant is entitled to any relief? If so to what relief?

7. POINT  NO.1:-   The complainant has filed Ex.A.1  the  bill for the purchase of the Micromax  X254 model mobile phone from the opposite party on 21.12.2013  for Rs.1950/-.Ex.A.2 the office copy of the notice sent by him to the opposite party under Registered post with acknowledgement due calling upon him to pay compensation for the deficiency of service on his part causing mental agony, inconvenience and expenditure to him.Ex.A.3 is the postal acknowledgement card of the opposite party and Ex.A.4 is the invoice cum sales bill Chelan for the purchase of new mobile by the complainant on 02.01.2014 from Nokia Multi Branded Show Room.The proof affidavit of the complainant read with the said exhibits filed by him coupled with the conduct of the opposite party in remaining exparte without even filing a written version would go to establish a deficiency of service on the part of the latter. The opposite party has not even cared to send a reply to the complainant to the notice sent by him prior to the filing of the complaint appraising of him intention to approach this Consumer Forum for his redressal.Therefore, this Forum without any he situation be sides that the opposite party is deficient in his service incorrect ifing the defect of the mobile phone sold by him or to replace it with a new one.

8) POINT NO.2:- In the result, the complaint isallowed.The opposite party is directed to pay a sum of Rs.6000/- (Rupees six thousand only)towards compensation for the mental agony, inconvenience, hardship and expenditure incurred by the complainant owing to the deficiency of service of the opposite party and to pay a sum of Rs.1950/- (Rupees one thousand nine hundred and fifty only) the price of the mobile phone sold by him to the complainant on receiving back the same from the complainant within 30 days from the date of this order, failing which the said amount shall carry interest at the rate of 12% per annum from the date of this order till the date of its payment.The opposite party further directed to pay a sum of Rs. 500/- (Rupees five hundred only) towards cost of this litigation to the complainant.

                    This order was dictated by me to the Steno-Typist, transcribed by her and corrected  and pronounced by me on this  04th  day of  February 2015.

MEMBER -I                                                                                                 PRESIDENT

List of documents on the side of the complainant:-

List of documents on the side of the   Opposite party :    NIL