Per Sri A. Hazarath Rao,  President:-

        The complainant filed this complaint u/s 12 of the Consumer Protection Act seeking replacement of mobile or refund of Rs.5,100/- together with interest @24% p.a., compensation of Rs.10,000/-; another sum of Rs.10,000/- for mental agony and Rs.3,000/- towards legal expenses.  

2.   In brief the averments of the complaint are these:

The complainant on 18-07-11 purchased LG mobile C-310 model with IMEI No.354035-04-197941-B for Rs.5,100/- from the                        1^st opposite party.   Three months after purchase the said mobile started giving problems like hanging and improper functioning of switches.    The complainant on 13-10-11 gave the said mobile to the 1^st opposite party for repair.   The 1^st opposite party after repairing the mobile changed its mother board and IMEI number.   The same problem occurred subsequently on 05-11-11; 12-11-11; 14-11-11; 03-03-12 and 05-07-12.   The cell phone is in the custody of                     1^st opposite party for repairs.  The said mobile got warranty of one year.   The complainant on many occasions requested the 1^st opposite party to replace the mobile.   The 1^st opposite party insulted the complainant using filthy language when approached for repair of mobile.  As the warranty period is going to be expired the complainant filed this complaint before this Forum.   The complaint therefore be allowed.

3. The opposite parties remained exparte.

4.  Exs.A-1 to A-8 were marked on behalf of complainant. 

5.     Now the points that arose for consideration in this case are:

1. Whether the opposite parties committed deficiency of service?
2. Whether the complainant is entitled to compensation and if so to what amount?
3. To what relief?

6.  POINT No.1:-   The complainant filed his affidavit before this Forum in support of his contentions.   The contents of the affidavit remained unrebutted as the opposite parties did not chose to contest the case.    The complainant purchased mobile LG C-310 model on    18-07-11 as revealed from Ex.A-1.   The said mobile carried a warranty of one year from the date of purchase as seen from Ex.A-8.   Under Exs.A-2 to A-7 the complainant handed over the mobile for repair to the 1^st opposite party as seen from them.  Exs.A-2 to A-7 revealed that the mobile purchased under Ex.A-1 was giving troubles frequently to the complainant.   It is the contention of the complainant that the said mobile is with the 1^st opposite party.   The conduct of the opposite parties in not rectifying the defects and making the mobile purchased under Ex.A-1 functional in our considered opinion amounted to deficiency of service.   Under those circumstances giving a direction to the opposite parties to repair the mobile purchased under Ex.A-1 and make it functional without any defects or replace the mobile of same model in case defects cannot be rectified or in the alternative returning the value of mobile will meet ends of justice.   We therefore answer this point in favour of the complainant.

12.  POINT No.2:-  Nowadays a mobile became essential for communication.  Therefore the contention of the complainant that he suffered inconvenience and mental agony is having considerable force. The complainant claimed Rs.10,000/- as compensation and Rs.10,000/- towards mental agony besides Rs.3,000/- as costs.   Any compensation to be awarded must commensurate with the injury complained. Considering the case on hand, awarding Rs.1,000/- as damages in our considered opinion will meet ends of justice.   We therefore answer this point accordingly in favour of the complainant.

POINT No.3:   In view of above findings the complaint is allowed partly as indicated below:

1. The opposite parties are directed to repair the mobile and make it functional without any defects within two weeks from the date of the receipt of the order or to replace the mobile if defects cannot be rectified.
2. The opposite parties in the alternative are directed to return Rs.5,100/- (Rupees one thousand one hundred only) together with interest @12% p.a., from the date of purchase till payment if repair or replacement is not possible.
3. The opposite parties are directed to pay Rs.1,000/- (Rupees one thousand only) as compensation and Rs.1,000/- (Rupees one thousand only) towards costs.
4. The above order shall be complied within a period of six weeks from the date of receipt of the copy of the order.

            Typed to my dictation by Junior Steno, corrected by me and pronounced in the open Forum dated this the 31^st day of October, 2012.

MEMBER                                  MEMBER                                PRESIDENT

APPENDIX OF EVIDENCE

DOCUMENTS MARKED

For Complainant:

For opposite parties:   Nil

        PRESIDENT