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 26th day of October 2022
C.C. 188/2021
Complainant
Krishnan. T.K,
Theckekandy House,
Neeleshwaram P.O,
Omassery Via,
PIN - 673582
Opposite Party
Janapriya Mobile Clinic,
Mukkam,
PIN – 673602.
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:
On 30/07/2020 the complainant purchased a Nokia phone from the shop of the opposite party. The said handset became defective and not working from April 2021 onwards. It was entrusted to the opposite party for repairs. In spite of repeated demands, the phone was not returned to him after repairs by the opposite party. In the third week of October 2021, the phone was returned to him without repairing. Hence the complaint for getting a new phone and cost of the proceedings from the opposite party.
- The opposite party was set ex-parte.
- The points that arise for determination in this case are :
- Whether there was any deficiency of service or unfair trade practice on the part of the opposite party, as alleged ?
- Reliefs and costs
- Point No.1 – The opposite party was set as ex-parte. The case was posted for evidence of the complainant several times . But the complainant also remained absent and did not file affidavit or adduce any evidence. The fact that the opposite party was set ex-parte does not automatically entitles the complainant to get the relief sought for. It is for the complainant to prove the allegations in the complaint by adducing proper evidence. But the complainant in this case has utterly failed to prove his case. No deficiency of service or unfair trade practice as alleged is proved against the opposite party.
- Point No.2 : In view of the finding on the above point, the complainant is not entitled to get the relief sought for and the complaint is only to be dismissed.
In the result, CC 188/2021 is dismissed.No order as to costs.
Pronounced in open Commissionon this the 26thday of October2022.
Date of Filing: 29/10/2021
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PRESIDENT
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APPENDIX
Nil.
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PRESIDENT
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Forwarded/ By Order
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Assistant Registrar
