Karnataka

Bangalore 2nd Additional

CC/962/2008

K. Lakshmi - Complainant(s)

Versus

Manjunatha Enterprises - Opp.Party(s)

IP

28 Jul 2008

ORDER


IInd ADDL. DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BANGALORE URBAN
No.1/7, Swathi Complex, 4th Floor, Seshadripuram, Bangalore-560 020
consumer case(CC) No. CC/962/2008

K. Lakshmi
...........Appellant(s)

Vs.

Manjunatha Enterprises
...........Respondent(s)


BEFORE:


Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

Complainant not present. Affidavit evidence of complainant not filed. There is no representation on behalf of the complainant. OP present in person. Arguments heard. Studied the complaint and defence version. The complainant had purchased submersible pump set from the opposite party for Rs. 31,676/-. This fact is admitted by the opposite party. Receipt is produced to that effect. It is admitted fact that the opposite party attended the repair work of the pump set. Opposite party submitted that sum of Rs. 3,685/- is cost of spare parts and claimed that amount from the complainant. Opposite party submitted that the complainant has not paid the spare parts cost and submersible pump set is taken by the complainant and it is working in good condition. The complainant submitted that he has paid amount of Rs. 3,685/- and taken back the pump set. Therefore, there is contrary version between the complainant and opposite party. Whether the complainant has to pay the amount to the opposite party? It is the question that should be decided in the civil court. The forum cannot be converted as a Civil Court and complaint cannot be converted as a civil suit for recovery of amount etc. Admittedly, the opposite party attended the repair work and the complainant has paid the amount and taken back the pump set. So under these circumstances there is no question of deficiency of service on the part of the opposite party. If at all any dispute in respect of amount paid by the complainant or the amount due from the complainant that factor has to be decided by the civil court. Therefore, the present complaint deserves to be dismissed since there is no question of deficiency of service. The complaint is not maintainable. ORDER The complaint is dismissed. No order as to costs. MEMBER MEMBER PRESIDENT