IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated, the 31st day of October, 2022.
Present: Sri. Manulal V.S. President
Smt. Bindhu R. Member
Sri. K.M. Anto, Member
C C No. 114/2020 (Filed on 19-08-2020)
Petitioner : Sreenadh K.H.
Kuthiratha House,
Thottuvakkom P.O.
Vaikom - 686141
Vs.
Opposite parties : M/s. City Mobiles,
T.B. Road, Near Kalyan Silks,
Kottayam – 686001.
(Adv. Sadarlana N.)
O R D E R
Sri. K.M. Anto, Member
The complaint is filed under section 35 of the consumer protection Act 2019.
The brief of the complaint is as follows.
The complainant had given Nokia 7 plus mobile phone with IMEI No.353400090163341 to the opposite party for repairing the charging port of the phone. After the repair works the phone was received on 15/07/2019 and paid Rs.2000/-as repair charges. The phone again became faulty and was given to the opposite party on 08.11. 2019 for repair. The opposite party changed the charging port and returned the phone. The oppose party charged Rs.1800/- for the service, but refused to give the bill. The phone which was returned by the opposite party after repair works became dead. Hence this complaint is filed for getting compensation for the sufferings due to the deficiency in service on the part of the opposite party.
On admission of the complaint copy of the complaint was duly served to the opposite party. The opposite party appeared and filed their version.
The version of the opposite party is that the complainant approached the opposite party for verifying the defect in the mobile. The mobile was taken for service and mobile was having charging port complaint. The opposite party had cleared the complaints and changed its parts “Nokia 7 +cc board and SD glass and was returned to the complainant. The opposite party had done the service properly. The complainant had not approached the opposite party on 08.11.2019. There is no deficiency in service on the part of the opposite party.
The complainant filed proof affidavit and marked documents Exhibit A1 to A4.
Even though the opposite party filed their version they failed to adduce any
evidence to defend their case.
On the basis of the complaint, version of the opposite party and evidence
adduced we would like to consider the following points.
1 Whether there is deficiency in service on the part of the opposite party
2 If so, what are the reliefs and costs?
Ongoing through the complaint, version of the opposite party and evidence
adduced it is clear that the complainant had given the Nokia 7 plus Mobile phone with IMEI No.353400090163341 to the opposite party for doing the repair work. The complainant received the mobile phone on 15.07.2019 after the repair works and paid Rs.2000/- vide Ext A1 receipt as the repair charges.
Ext A2 is the Invoice dated 16.05.2018 for the purchase of the Nokia 7plus mobile phone for an amount of Rs.25,999/- issued by Oxygen the Digital shop.
Ext A3 is the invoice dated 08.11.2019 issued to the complainant for the sale of
Samsung smart phone A2 for an amount of Rs.5410/- by Oxygen the Digital shop.
Even though the complainant claim he had given the mobile phone for repair works to the opposite party on 8.11.2019 there is no evidence to support this claim. Moreover the warranty card for the mobile phone is not produced and the manufacturer is not a party in this complaint. No warranty is seen provided by the opposite party for the charging port as per Ext A1. The complainant failed to adduce any evidence to show that the mobile became defective due to the repair work done by the opposite party.
The complainant failed to prove deficiency in service on the part of the opposite party with cogent evidence. Hence point No.1 is not found in favor of the complainant. The complaint is liable to be dismissed. The complaint dismissed.
Pronounced in the Open Commission on this the 31st day of October, 2022
Sri. K.M. Anto, Member Sd/-
Sri. Manulal V.S. President Sd/-
Smt. Bindhu R. Member Sd/-
Appendix
Exhibits marked from the side of complainant
A1 – Copy of bill No.382 issued by opposite party
A2 – Copy of invoice No.RI/NGM/3544 issued by the Oxygen the Digital shop
A3 – Invoice No. RI/NGM/23966 issued by the Oxygen the Digital shop
A4 – CD
Exhibits marked from the side of opposite party
Nil
By Order
SD/-
Assistant Registrar
