D.O.F. 21.05.2013

                                            D.O.O. 15.01.2014

IN THE CONSUMER DISPUTES REDRESSAL FORUM KANNUR

Present:      Sri. K.Gopalan                   :                President

                   Smt. Sona Jayaraman K.  :               Member

                   Sri. Babu Sebastian         :               Member

Dated this the 15^th day of January, 2014.

C.C.No.143/2013

Saju Samgeeth E.M.

Saju Nilayam                                                        :        Complainant

Punnad P.O.

Via Iritty

Kannur Dist – 670 703

Bright Care

Samsung Authorised Service Centre

K.K. Trade Centre, Commercial Complex-1          :         Opposite Party

2^nd Floor, Thavakkara Bust Stand, Kannur.

(Rep. by Adv. B.P. Saseendran)

O R D E R

Sri. Babu Sebastian, Member

          This is a complaint filed under Section 12 of Consumer Protection

 Act for an order directing the opposite party to pay `25000 as  compensation to the complainant.

          The case of the complainant in brief is as follows : The complainant’s mobile  phone having some defects, was entrusted to the opposite party’s service centre for rectifying the defects on 03.05.2013.  As the complainant was residing in a far away place, he had instructed them to inform him after repair.  But opposite party had asked him to come there several times before repairing and the complainant had to return back without getting his phone repaired.  On 15.05.2013 opposite party demanded `1400 towards the replacement of touch screen and `400 towards the repairing of mobile. Then complainant said there was no defects to the touch screen at the time of entrusting the mobile.  Thereafter opposite party received only `400 and returned back the phone.  But the phone was still in the earlier condition.  When the complainant questioned the same, they insulted the complainant in front of the other customers and threatened him also.  Hence this complaint to direct the opposite party to give an amount of `25,000 towards his loss and mental agony.

          After receiving complaint Forum sent notice to both parties.  The opposite party represented through his counsel, but not filed version, subsequently he remained absent through out.

          The main point to be considered is whether there was any deficiency in service on the part of the opposite party.  If yes, what is the remedy.

          The evidence of the complainant consists of his Affidavit-in-chief and Ext.A1 marked on his side.

          Complainant filed this complaint alleging deficiency of service by opposite party by not returning mobile in time and received `400 without curing the defects of the phone.   When the complainant questioned regarding not rectifying the phone, the opposite party insulted the complainant in front of the other customers so he suffered mental agony. The Ext.A1 shows that the cash receipt amount of `400 given by the opposite party.  The facts and circumstances of the case together with the document Ext.A1 make it clear that the complainant’s case is true and there is deficiency of service on the part of the opposite party.

          Hence we hold that there is deficiency on the part of the opposite party in treating the complainant.  The opposite party did not even mind to come forward and conduct the case.  They did not even file version.  There is no need to disbelieve the complainant.  Hence we are of opinion that opposite party is liable to pay compensation to the tune of `1000 as compensation apart from refunding `400 which was paid by the complainant as service charge.  Therefore, the opposite party is held liable to refund the service charge of `400 and `1000 as compensation together with `500 as the cost of the litigation.  Thus the order passed partly in favour of complainant.

          In the result, the opposite party is directed to refund a sum of  `400 (Rupees Four Hundred only) along with compensation of `1000 (Rupees One Thousand only) and an amount of `500 (Rupees Five Hundred only) as litigation expenses to the complainant within one month from the date of receipt of this order, failing which the complainant is allowed to execute the order under provisions of Consumer Protection Act.

          Dated this the 15^th day of  December, 2013.                         

                          Sd/-                      Sd/-               Sd/-

                       President               Member          Member   

APPENDIX

Exhibits for the Complainant

A1.  Cash receipt dated 15.05.2013.

Exhibits for the opposite party

Nil

Witness examined for the complainant

Nil

Witness examined for opposite party

Nil

      /forwarded by order/

                                                                     SENIOR SUPERINTENDENT