1. Briefly, the claimant purchased a mobile set Nokia 6600/slide on 05.07.2009 in lieu of consideration of Rs.18900/-. The mobile set sold was shown of the Finland but actually it was made in China and is of poor and substandard quality. Hence, the defendant cheated the plaintiff. As the defendant refused to change the mobile set, hence, this claim u/s 25 of PCPA 2005, for recovery of Rs.200000/- as compensation.
2. None appeared for the defendant on 30.09.2009, despite his service through registered cover envelope hence, he was proceeded against ex-parte.
3. In his ex-parte evidence, the claimant has got recorded his own statement as PW1, through his affidavit EX-PW1/1. In his documentary evidence, the claimant has tendered invoice dated 05.07.2009 EX-P1, warranty card EX-P2 and legal notice Mark "A".
4. After conclusion of claimant's ex-parte evidence, the defendant was issued notice as a final resort through registered cover envelope that if he had any case to defend the claim, might appear in person for today that otherwise, no excuse shall be available to him in this regard. Any how, none is present for the defendant even today.
5. Heard the arguments, record perused.
6. From the affidavit EX-PW1/1, sworn by the claimant, it appeared that the claimant purchased Nokia mobile set made in Finland from the defendant and paid its price as such but that on piercing the outer box of the mobile set, it was disclosed to his astonishment that it was China made that, therefore, the claimant approached the proprietor Selecto Mobile for redressal of his grievances but he turned him out of his shop with disgracing remarks. EX-P1 is the receipt showing that the price of mobile set is Rs.18900/-. EX-P2 is the warranty card revealing that the case is within the warranty period.
7. In the absence of any evidence in rebuttal, it has been proved to my entire satisfaction, that the defendant has provided the faulty product to the claimant as the claimant was deceived because he was sold the mobile set Finland made but actually it was China made. Accordingly, the claim is hereby accepted. The defendant shall now return price of mobile of Rs.18900/- to the claimant and an amount of Rs 10000/- as legal expenses/lawyer's fee incurred by him in this case total amount of Rs.28900/- within a period of 30 days otherwise the matter shall be dealt with under section 32(2) of PCPA2005, and the claimant shall return the purchased mobile set alongwith it warranty card to the defendant on receipt of the above said decreetal amount. File be consigned to the record room after its due completions.