Barkat Ali Zaidi, President —The complainant/respondent had filed a complaint against the appellant/OP, MDR Service Centre and Samsung India Electronics Pvt. Ltd., which are OP Nos. 2 and 3, Service Centre and the Manufacturing Company respectively of the Samsung Mobile Phone alleging that the mobile phone purchased by him for Rs. 4,830 from OP No.1 Subhiksha Mobile, dealer of Samsung India Electronics Pvt. Ltd., OP No.3, started malfunctioning from 7.9.2008 the day it was purchased and the defects could not be removed and he made many visits to the OP No.2 Service Centre for its repairs. Yet the set remained faulty, he therefore, prayed that OPs be directed to refund the cost of the set purchased and also compensation of Rs. fifty thousand. The complaint was contested by OP Nos. 2 and 3 and the District Consumer Forum ordered OP No.3 to refund the amount of purchase of mobile of Rs. 4,830 paid by the complainant along with compensation of Rs. three thousand and costs of litigation Rs. two thousand.

2. That is what brings the appellant in appeal here.

3. The appeal has been filed beyond thirty days of prescribed limitation and for its condonation, the appellant has file