ORDER :

Mr. Justice N.A. Britto, President

This appeal is filed by O.P. No. 2 in C.C. No. 62/10 and is directed against order dated 26.10.2012 of the learned North Goa District Forum, by which OP No. 2, inter alia, has been directed to replace the mobile with a new mobile having same features and characteristics.

2. Some facts are required to be stated to dispose of this appeal and for that the parties hereto are being referred to in the names as they appear in the cause title of the complaint.

3. The Complainant having read the brochure, purchased a Sony Ericsson Mobile, W-595 model, from OP No. l, the authorized dealer on 3.2.2009 for Rs. 14,100. The Complainant used the same without any problem until 17.9.2009 when the Complainant approached OP No. l, the dealer, with a complaint that the mobile was not displaying call history and the bluetooth was malfunctioning and the said authorized dealer directed the Complainant to OP No. 2, their authorized service station. The Complainant gave the mobile to OP No. 2 on 17.9.2009 at about 10.26 a.m. with the said problems and the mobile was returned to the Complainant on the same day within an hour or so by upgrading the s/w (software).

4. Aga