THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.
C.C.187/08
Dated this the 7th day of March 2013.
( Present: Sri. G. Yadunadhan, B.A., LLB. : President)
Sri. L. Jyothikumar, B.A., LLB. : Member
ORDER
By G.Yadunadhan, President.
The case of the complainant is that complainant had purchased a mobile phone along with connection for an amount of Rs.1520/- from the second opposite party. Complainant was using that phone for the last Nine months. After a lapse of 9 months the hand set became damaged and it was intimated and entrusted to the first opposite party. The phone has not been returned so far which caused heavy financial loss and mental agony to the complainant. Hence complainant is seeking relief against the opposite parties, to direct the production of purchase receipt till then this opposite party denies the sale of handset. The complainant is bad for non joinder of necessary party. This opposite party had not caused any loss or inconvenience to the complainant. This opposite party is not liable to compensate him for any loss. Opposite party No.3 after serving notice called absent and set exparte.
Points for consideration.
1) Whether any deficiency of service on the part of opposite parties?
2) Whether the complainant is entitled to get any compensation ? If so what is the relief and cost.
Complainant was continuously absent for several postings, not even filed or marked any documents. Several postings were given for adducing oral evidence on behalf of the complainant but he has not turned up, without taking any steps by the complainant Fora can not go with this case. Absence of any evidence no merit in this case, therefore complaint is liable to be dismissed.
Pronounced in the open court this is the 7th day of March 2013.
Date of filing:16.06.08
SD/-PRESIDENT SD/- MEMBER
//True copy//
(Forwarded/By Order)
SENIOR SUPERINTENDENT
