DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB    : PRESIDENT

Smt. PRIYA.S, BAL, LLB, MBA (HRM) :  MEMBER

Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER

Wednesday the 27^th day of November 2024

CC.605/2024

Complainant

Abdul Latheef. C.M,

Dharul Hudha Manzil,

Kolavayal. P.O,

Kanchangad, Kasargod.

Opposite Party

Farhan. C.P,

I Care Mobile Service Shop,

Gulf Bazar, Bank Road,

Opp. Malabar Gold & Diamonds,

Near KSRTC, Mavoor Road Junction,

Thazhekkode, Kozhikode - 673001

ORDER

By Sri. P.C. PAULACHEN  – PRESIDENT.

            This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.

2. The case of the complainant, in brief, is as follows:

On 06/09/2024 the complainant entrusted his Note 7 Redmi mobile phone for repairs to the opposite party. The opposite party opened the mobile phone in his presence and during that attempt the display slip was broken. In fact, his phone had only a minor complaint which could be easily corrected. Then the opposite party returned the damaged phone and collected Rs.200/- from him. The prayer is for compensation of Rs. 7,000/-.

3. The notice issued from this Commission was duly served on the opposite party. But the opposite party did not respond to the notice and hence set ex-parte.
4. The points that arise for determination in this complaint are;

1. Whether there was any deficiency of service on the part of the opposite party, as alleged?
2. Reliefs and costs.

5. PW1 was examined and Exts A1 and A2 were marked.
6. Heard.
7. Point No. 1: The complainant has approached this Commission claiming compensation of Rs. 7,000/- from the opposite party alleging deficiency of service. The grievance of the complainant is that the mobile phone entrusted for repairs was damaged due to the negligence of the opposite party.
8. PW1 is none other than the complainant and he has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the screen shot of G-pay and Ext A2 is the copy of the receipt issued from the Cusba police station, Kozhikode.
9. The evidence of PW1 stands unchallenged. The opposite party has not turned up to file version and to contest the matter. The opposite party has not produced any evidence to disprove the averments in the complaint or to rebut he veracity of the documents produced and marked on the side of the side of the complainant. There is no contra evidence to disprove the claim. The mobile handset of the complainant was damaged due to the latches and negligence of the opposite party. The case of the complainant stands proved through the testimony of PW1 and Exts A1 and A2 documents.
10. The complainant is entitled to be compensated adequately for the loss sustained due to the deficiency of service of the opposite party. Considering the entire facts and circumstances, we are of the view that a sum of Rs. 5,000/- will be reasonable compensation in this regard. Point found accordingly,
11. Point No. 2: In the light of the finding on the above point, the complaint is disposed of as follows;

1. CC.605/2024 is allowed in part.
2. The opposite party is hereby directed to pay a sum of Rs. 5,000/- (Rupees five thousand only) as compensation to the complainant.
3. The payment as afore stated shall be made within 30 days of the receipt of copy of this order, failing which, the amount of Rs. 5,000/- shall carry an interest of 9% per annum from the date of this order till actual payment.
4. No order as to costs.

Pronounced in open Commission on this, the 27^th day of November, 2024.

Date of Filing: 18/09/2024

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APPENDIX

Exhibits for the Complainant :

Ext.A1 – Screen shot of G-pay.

Ext.A2 – Copy of the receipt issued from the Cusba police station, Kozhikode.

Exhibits for the Opposite Party

Nil.

Witnesses for the Complainant

PW1 -  Abdul Latheef. C.M (Complainant)

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True Copy,      

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                                                                     Assistant Registrar.