1. The complainant filed the instant complaint against the respondent stating that he purchased mobile phone set Nokia N-73 China made for Rs.1500/- from the respondent and paid the amount against the receipt issued by him. He further stated that when he purchased the mobile set it was off and respondent stated that its battery was out of order and when he brought mobile phone to his house and connected the mobile for charging but neither the mobile phone was charged nor was on upon which he went to shop of respondent on 22-10-10 and complained that the set was out of order the respondent also tried his level best to bring it into working condition but he failed to do so. He demanded his money back but respondent refused to return his money. Then he sent a legal notice to the respondent but he did not reply.
2. The respondent did not appear in the Court despite of his service, therefore, exparte proceedings were initiated against him and case was fixed for exparte evidence.
3. In exparte evidence complainant appeared as PW1 who reiterated the same facts as mentioned in the complaint and produced copy of legal notice as mark "A", receipt of purchase of mobile set mark "B", receipt of post of dispatch of legal notices Exh. "PA" and complainant closed his evidence.
4. It is evident from evidence of complainant that at the time of purchase the mobile phone set was off and was not in working which is indicative of fact that he did not fulfill his duty as principle of caveat emptor is fully applicable in this case therefore, complainant is not entitled to get relief from the Court, resultantly the complaint is without substance is therefore, hereby dismissed.