BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,

ERNAKULAM.

Date of filing : 05/02/2014

Date of Order : 22/04/2014

Present :-

Shri. A. Rajesh, President.

Shri. Sheen Jose, Member.

Smt. V.K. Beena Kumari, Member.

C.C. No. 73/2014

Between

And

O R D E R

A. Rajesh, President.

1. This complaint is filed by the complainant seeking direction against the opposite parties to refund the price of the defective mobile handset together with compensation and costs of the proceedings. At the outset, the learned counsel for the 2^nd opposite party filed a memorandum stating that they are ready to refund Rs. 17,300/- being the price of the mobile handset in question to the complainant within 30 days.

2. Heard the complainant who appeared in person and the learned counsel for the 2^nd opposite party. The gesture on the part of the 2^nd opposite party to refund the price of the mobile hand set that too at the threshold is to be appreciated. Since the 2^nd opposite party opted to refund the price of the handset on receipt of the notice from this Forum, we refrain from ordering compensation and costs of the proceedings.

3. In the result, we partly allow the complaint and direct that the 2^nd opposite party shall refund Rs. 17,300/- to the complainant within 30 days from the date of receipt of a copy of this order, failing which the amount would carry interest @ 12% p.a. till payment. The complainant is directed to return the gadget to the 2^nd opposite party simultaneously, if he is in possession of the same.

The order shall be complied with, within a period of thirty days from the date of receipt of a copy of this order.

Pronounced in the open Forum on this the 22^nd day of April 2014.

Sd/- A. Rajesh, President.

Sd/- Sheen Jose, Member.

Sd/- V.K. Beena Kumari, Member.

Forwarded/By Order,

Senior Superintendent.