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
Friday the 10thday of March 2023
C.C.292/2022
Complainant
Fayis Backer V. P,
S/o Aboobacker,
Panama Bhavan,
Karikkamkulam, Karapparamba (P.O)
Kozhikode-673 010.
(By Adv. Sri. Muhammed Haneef)
Opposite Party
Fayis Proprietor,
M/s Cell Crown Mobile Service,
Room No.B,17,18
Singapore Bazar,
Sahara Plaza, Mavoor Road,
Kozhikode – 673 004.
(By Adv. Smt. Swapnalekha K)
ORDER
By Sri. P.C. PAULACHEN – PRESIDENT
This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.
- The case of the complainant, in brief, is as follows:
The complainant is the owner of an i Phone-10 bearing No.8156 888 222. It was purchased paying Rs.80,000/-. On 04-12-2021 he entrusted the i phone to the opposite party for repairs since the rear glass was broken. There was no need to open the device or the front portion of the device for changing the rear glass. But the opposite party, without exercising due care and caution, opened the entire phone and changed the rear glass, as a result of which, the display, face id, sensor, blue tooth, battery , wifi, ic, etc became defective and the device stopped working. The complainant has sustained loss to the tune of Rs.80,000/- due to the negligence and carelessness of the opposite party. His request for repairing the phone is not complied with by the opposite party stating one reason or other. On 08-10-2022 he preferred a complaint in the police station, pursuant to which, the opposite party was summoned to the police station. Though he agreed to repair the phone and make it in a sound working condition, nothing was done thereafter. There was deficiency of service on the part of the opposite party. Hence the complaint to direct to the opposite party to repair the device and make it in a sound working condition or to pay Rs.80,000/- being the price of the device along with compensation of Rs.70,000/- for the mental agony and inconvenience suffered.
- The opposite party, though entered appearance, did not file written version with in the stipulated time and hence set ex-parte.
- The points that arise for determination in this complaint are :
- Whether there was any deficiency of service on the part of the opposite party, as alleged?
- Reliefs and costs.
- The complainant was examined as PW1 and Exts A1 to A3 were marked.
- Heard.
- Point No.1– The complainant has approached this Commission alleging deficiency of service on the part of the opposite party. The specific allegation is that his i phone which was entrusted to the opposite party for repairs became defective due to the negligence and carelessness of the opposite party and he neglected to repair the same and make it in working condition in spite of repeated requests.
- PW1 has filed proof affidavit in terms of the averments in the complaint and in support of the claim. PW 1 has asserted in the affidavit that the opposite party handled his i phone negligently causing severe damage. Ext A1 is the visiting card of the opposite party, Ext A2 is the enlarged copy of the visiting card and Ext A3 is the copy of the receipt issued from Kasaba Police Station, Kozhikode city.
- The evidence of PW1 stands unchallenged. The opposite party has not turned up to file version. The opposite party has not produced any evidence to disprove the averments in the complaint. The case of the complainant stands proved through the testimony of PW1. Gross negligence and deficiency of service on the part of the opposite party is established and proved. The opposite party is bound to repair the device and make it in a sound working condition free of cost or pay the price of the device to the complainant.
- Point No.2 : In the light of the finding on the above point, the complaint is disposed of as follows:
- CC 292/2022 is allowed in part.
- The opposite party is hereby directed to repair the i phone of the complainant and make it in a sound working condition, or else, pay a sum of Rs. 80,000/- (Rupees Eighty Thousand only) to the complainant, being the price of the device. It is made clear that the complainant shall not be required to pay any charge for such repairs. In case of payment of the price of the device, the opposite party can take possession of the device from the complainant.
- The order shall be complied with within 30 days of the receipt of copy of this order.
- No order as to costs.
Pronounced in open Commission on this the 10thday of March 2023.
Date of Filing: 02/11/2022
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PRESIDENT
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MEMBER
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MEMBER
Exhibits for the Complainant :
Ext. A1 –Visiting card of the opposite party.
Ext. A2 –Enlarged copy of visiting card.
Ext. A3 – Copy of the receipt issued from Kasaba Police Station, Kozhikode city.
Exhibits for the Opposite Party
Nil
Witnesses for the Complainant
PW1 –Fayis Backer V.P (Complainant)
Witnesses for the opposite parties
Nil
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PRESIDENT
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MEMBER
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MEMBER
Forwarded/ By Order
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Assistant Registrar
