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DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.

   CONSUMER COMPLAINT NO.28 of 17

                                           DATE OF INSTITUTION: - 07-02-2017

                                                     DATE OF ORDER:16-06-2017

Sanwarmal son of Shri Deenanath, resident of 366 Vikas Nagar, Bhiwani.

            ……………Complainant.

VERSUS                

M/s Foneszone Communication Proprietor Surender Bansal near Dr. Chugh Hospital, Meham Road, Bhiwani.

………….. Opposite Party.

COMPLAINT U/S 12 & 13 OF CONSUMER PROECTION ACT

BEFORE: -       Shri Rajesh Jindal, President.

    Mrs. Sudesh, Member.

    Mr. Parmod Kumar, Member

Present:-    Sh. Virbhan Malik, Advocate for complainant.

        OP exparte.

ORDER:-

Rajesh Jindal, President:

                    In brief, the grievance of the complainant is that the complainant has paid Rs. 2,000/- to the OP to get repaired his mobile handset from Samsung Service Care Centre but the OP did not issue the receipt for the said amount.  It is alleged that neither the OP issued the receipt for the cost of repair nor he got repaired the mobile handset properly. The complainant further alleged that due to the act and conduct of the OP he has to suffer mental agony, financial loss and physical harassment.  Hence, it amounts to deficiency in service on the part of OP and as such, he has to file the present complaint & prayed for seeking compensation.

2.                 OP has failed to come present.  Hence he was   proceeded against exparte vide order dated 10.04.2017.

3.                 In order to make out his case, the counsel for complainant has tendered into evidence Annexure C-1 to Annexure C-4 alongwith supporting affidavit.

4.                 We have gone through the record of the case carefully and have heard the counsel for the complainant.

5.                 Learned counsel for the complainant reiterated the contents of the complaint.  He submitted that the complainant has paid Rs. 2,000/- to the OP to get repaired his mobile handset from Samsung Service Care Centre but the OP did not issue the receipt for the said amount.  He submitted that neither the OP issued the receipt for the cost of repair nor he got repaired the mobile handset properly.

6.                 The complainant in support of his contention has produced the copy of legal notice dated 16.12.2016 and postal receipt and copy of letter dated 03.10.2016 address to the Commissioner Excise and Taxation Department, Panchkula alongwith postal receipt.  The complainant has not produced the receipt of Rs. 2,000/- paid by him to the OP.  In the absence of proper receipt issued by the OP in favour of the complainant, the complaint of the complainant cannot be considered.  For the maintainability of the complaint, as per the allegations of the complainant regarding the payment of Rs. 2,000/-, the proper receipt issued by the OP  in favour of the complainant is must.  Resultantly, the complaint of the complainant is dismissed being devoid of merits.  No order as to costs. Certified copies of the order be sent to the parties free of costs.  File be consigned to the record room, after due compliance.

Announced in open Forum.

Dated:.16-06-2017.                                                     (Rajesh Jindal)

                                                                                       President,        

                                                                           District Consumer Disputes

                                                                         Redressal Forum, Bhiwani.

                    (Parmod Kumar)        (Sudesh)

                            Member                  Member