A.K.ANNAMALAI J. - (1.) The 2nd opposite party is the appellant.
(2.) The complainant/1st opposite party filed a complaint against opposite parties 1 and 2 for the directions to supply a healthy hand set in place of defective hand set of the same type, to pay Rs.75,000/- as compensation towards mental agony and monetary loss and to pay Rs.4,500/- towards cost.
(3.) The complainant in his complaint stated that he had purchased a hand set Motorala L71 Model from the 1st opposite party on 18.7.2007 for Rs.7100/- and for which the 2nd opposite party is the authorized service centre. On 5.11.07 as the hand set was become defective taken to 1st opposite party for replacement and 1st opposite party directed to approach 2nd opposite party and on approaching 2nd opposite party the set was taken for repair and only on 26.11.07 it was returned without proper repair and also without providing standby set during the period of repair for the use of complainant. Since the repaired set developed several problems on the next day itself when demanded for new set from the 1st opposite party which was refused and was directed to 2nd opposite party who also not properly responded. Since the complainant threatened for legal action the 2nd opposite party taken the defective set on 3.12.07 and till date of filing of complaint it was not returned. So the complainant issued a legal notice on 11.12.2007 and filed this complaint for the reliefs as prayed for.;