ORDER

Rakesh Saksena, President - Shri Vijay Yadav, learned counsel for the appellant.

2. Heard on admission.

3. Appellant/opposite party no.1 has filed this appeal against the order dated 16.5.2017 passed by the District Forum, Chhindwara in CC No.35/2016 whereby the complaint filed by respondent no.1 has been allowed and appellant has been directed to either give a new mobile to complainant or to pay Rs. 7940/- as price of the mobile and Rs. 500/- as the cost of litigation.

4. Undisputedly, the complainant purchased a mobile of Micro Max Company EMI No.9113695507054 for Rs. 7940/- on 8.11.2014. The appellant had issued bill No.3434 with a warranty of one year in respect of the defects in the mobile. According to complainant after purchase, on several occasions the mobile got hanged and stopped functioning. When he made a complaint to appellant, he referred him to respondent no.2, authorized Service Center. Complainant approached to Service Center and deposited his mobile. Despite keeping the mobile for long time the Service Center neither repaired the mobile nor gave any mobile. Aggrieved by the conduct of appellant and the Service Center, the complainant served a legal notice on