1. Complainant present in person. Affidavit filed. Ext.A1 marked. It is the case of the complainant that the SUN DTH purchased from opposite party for Rs.2,440/- is defective. That even after repeatedly informing opposite party about the defect in receiving channels opposite party has not attended to the complaint. Complainant has restated her grievance in the affidavit. Ext.A1 evidences the payment of Rs.2,440/- to opposite party. Notice was served to opposite party by registered post. The acknowledgement card returned to the Forum bears the signature and seal of opposite party. It shows that opposite party has willfully evaded appearing before the Forum even after receiving the notice. Opposite party was set exparte on 27-12-2010. Thereafter case was posted to 24-01-2011. It was adjourned to today. Even then opposite party has not entered appearance or filed version. No contra evidence submitted before us. The case of complainant stands proved. We find opposite party has committed deficiency.
2. In the result complaint allowed. We order opposite party to refund Rs.2,440/-(Rupees Two thousand, four hundred and forty only) to the complainant and also pay cost of Rs.1,500/-(Rupees One thousand, five hundred only) within one month from the date of receipt of copy of this order. On payment complainant shall return the product to opposite party.
Dated this 1st day of March, 2011.
Sd/-
C.S. SULEKHA BEEVI, PRESIDENT
Sd/-
MOHAMMED MUSTAFA KOOTHRADAN, Sd/-
MEMBER E. AYISHAKUTTY, MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1
Ext.A1 : Activation Voucher dated, 28-3-2010 for Rs.2,440/- from opposite party
to complainant.
Witness examined on the side of the opposite parties : Nil
Documents marked on the side of the opposite parties : Nil
Sd/-
C.S. SULEKHA BEEVI, PRESIDENT
Sd/-
MOHAMMED MUSTAFA KOOTHRADAN, Sd/-
MEMBER E. AYISHAKUTTY, MEMBER
