D.o.F: 16/3/07<br /> D.o.O:26/9/08<br /> IN THE CONSUMER DISPUTES REDRESSAL FORUM KASARAGOD<br /> CC.No.19/07<br /> Dated this, the 26th day of September 2008<br /> <br /> PRESENT;<br /> SRI.K.T.SIDHIQ : PRESIDENT<br /> SMT.P.RAMADEVI : MEMBER<br /> SMT.P.PSYAMALADEVI : MEMBER<br /> <br /> Thomas.K.J,<br /> Peace Cottage,Nelkala, : Complainant<br /> Vidyanagar Po,Kasaragod.<br /> <br /> Trinity Cell Point,<br /> 13,Shivakala Arcade,<br /> Below HDFC Bank, : Opposite party<br /> Tarapur RD, Boisar, Tal,<br /> Palghar Dist, Thane.401501. <br /> <br /> ORDER<br /> <br /> SRI.K.T.SIDHIQ : PRESIDENT<br /> <br /> The complaint in brief is that the complainant, Thomas K.J purchased a Nokia Mobile phone model No.6600 with sl.No.357952003949239 from Trinity Cell point,13 ,Shivkala Arcade, Dt.Thane.401501 on 3/2/06 with a warranty of one years from its date of purchase. But after 6 months of its purchase some defects appeared on the dial glass which obstructed the dial view. He has given it to the authorized service center at Calicut as per job sheet No.142434038/061130/52 dtd. 17/10/06. But the same was returned to him without any comments and not rectifying the defect. Hence the complaint for redressing his grievance praying for appropriate relief.<br /> <br /> 2. Notice by registered post sent to opposite party, eventhough the same was received, they did not care to appear before the Forum . Hence opposite party was called absent and set exparte.<br /> <br /> 3. Complainant filed affidavit in support of his claim. Exts.A1&A2 marked on his side. Ext.A1 is the purchase bill dtd.3/2/06 issued by opposite party towards the purchase of the mobile phone for Rs.9700/- including tax. Ext.A2 dtd.30/11/06 is the service job sheet issued from the authorized service center of opposite party.<br /> <br /> 4. On perusal of Exts.A1&A2 it is seen that the mobile phone worth Rs.9700/- was damaged within few months from the date of purchase , the service job sheet dtd.30/11/06 proves that the defect occurred within the warranty period. Hence, the opposite party is liable to cure the defects or to replace the same with a defect free one in the event of inability to repair. Ext.A2 proves that the defects of the mobile phone is not cured. A mobile phone having one year warranty of its purchase showing non curable defects within the warranty has to be replaced and the non repairing the said mobile phone is a deficiency in service. Hence the non repairable mobile phone has to be replaced with a defect free one.<br /> <br /> Therefore we allow the complaint and the opposite party, Trinity Cell point is directed to replace the Nokia 6600 model mobile phone of the complainant with defect free one of the same purchase price or to refund the purchase price of the Nokia Mobile phone Rs.9700/- to the complainant. The order shall be complied within 30 days from the date of receipt of copy of the order.<br /> <br /> MEMBER MEMBER PRESIDENT<br /> Exts:<br /> A1-dt.3/2/06-purchase bill<br /> A2-30/11/06- Service job sheet<br /> <br /> <br /> MEMBER MEMBER PRESIDENT <br /> eva/<br />