O R D E R
By Smt. Sreeja S. Member:
The complainant approached 1st opposite party to check the battery of his Apple I phone X 256 GB Mobile phone. 2nd opposite party is the Managing Director of 1st opposite party. After checking the battery, staff of the 1st opposite party informed the complainant that the same had to be replaced and paid Rs.6,300/- for replacement. The opposite party did not give bill for the amount but served only a Repair Acceptance Form. The complainant entrusted I phone to the opposite party for replacement and he assured that it will be returned on 07/08/2020. On that day the complainant approached the 1st opposite party to take back the phone. After waiting 5 hours the staff of the opposite party informed the complainant that the phone is defective and it sent to the Expert Technician for repair. Later the opposite party informed that phone is irreparable. After that the complainant send a lawyer notice dtd.05/10/20 for repairing the i-phone or replacement but which yielded no result. Hence this complaint.
2) On receiving complaint, notice served properly to the opposite parties. But the opposite parties not appeared before this Commission and called absent set ex-parte.
3) Points for consideration are :
i) Whether there is any deficiency of service on the part of opposite
parties ?
ii) Relief and costs ?
4) From the side of the complainant he filed affidavit. Exts. A1 to A4 marked. Ext. A1 is the copy of Repair Acceptance Form dtd.28/07/20 issued by the 1st opposite party; Ext. A2 is the Legal Notice dtd.01/10/20 issued by the complainant; Ext. A3 is the Postal Receipt dtd.05/10/2020; Ext. A4 is the Postal Acknowledgement card.
5) Points :
We have gone through the entire pleading and marked documents. Ext. A1 proves the repair and Ext. A2 proves the complainant gave i-phone to the opposite party and without repair it was returned to complainant. As there is no contra evidence available before us we are inclined to allow this complaint.
In the result, complaint allowed and hereby direct the opposite parties to pay Rs. 1,95,000/- (Rupees One lakh ninety five thousand only) to complainant and also directed to pay Rs.5,000/- (Rupees Five thousand only) as costs within one month of the date of receipt of copy of this order. Failing in which, the entire amount carry 12% interest p.a. from the date of this order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 30th day of April 2022.
Sd/- Sd/- Sd/-
Sreeja S Ram Mohan R C.T. Sabu
Member Member President
Appendix
Complainants’ Exhibits :
Ext. A1 copy of Repair Acceptance Form dtd.28/07/20
Ext. A2 Legal Notice dtd.01/10/20 issued by the complainant
Ext. A3 Postal Receipt dtd.05/10/2020
Ext. A4 Postal Acknowledgement card.
Id/-
Member
