Complaint No: 144 of 2023.
Date of Institution: 28.08.2023.
Date of order: 17.10.2023.
Navtej Singh S/o Paviter Singh resident of H.No.276/8, Backside S.D. College, Kahnuwan Road, Gurdaspur, Tehsil and District Gurdaspur.
…............Complainant.
VERSUS
M/s Vishkarma Ji Computer Word at Sadar Bazar, Near Bata Chowk, Gurdaspur District Gurdaspur through authorized person Gurjinder Osahan.
………Opposite/parte/Respondents.
Complaint U/s 35 of the Consumer Protection Act 2019.
Present: Complainant: In person.
Opposite party: In person.
Quorum: Sh.Lalit Mohan Dogra, President, Sh.Bhagwan Singh Matharu, Member.
ORDER
Lalit Mohan Dogra, President.
Navtej Singh, Complainant (here-in-after referred to as complainant) has filed this complaint under section 35 of the Consumer Protection Act, 2019, (here-in-after referred to as 'Act') against M/s Vishkarma Ji Computer Word (here-in-after referred to as 'opposite party).
2. Brief facts of the case are that on 24.08.2023 complainant had approached the opposite party for installation of new display and penal and opposite party charged Rs.5500/- from the complainant. It is further pleaded that on 25.08.2023 complainant had approached the opposite party and asked the opposite party that display was not working properly and was of inferior quality and on the same day in the evening complainant again visited the opposite party and requested to return the money but the opposite party refused to do so and refusal of refund the amount amounts to deficiency in service on the part of the opposite party.
3. Upon notice, the opposite party put in appearance and filed written reply pleading therein that opposite party had never fixed display in the phone owned by the complainant as alleged in the complaint. It is further pleaded that the bills have been fabricated by the complainant as words Vishkarma Traders are written on the bill whereas name of firm of the opposite party is Vishkarma Computer Word. It is further pleaded hat infact complainant and his friend Deep are running the business of sale of second hand mobile phones had taken 11 Pro Max I Phone for using for two days as they had intention to purchase the same. It is further pleaded that complainant had paid Rs.2400/- to the opposite party on 19.08.2023 through PayTM for use of phone for two days and mobile was to be sold for Rs.34,000/- and the complainant promised to pay balance amount after two days after checking the mobile. It is further pleaded that after two days complainant came to the opposite party and had returned the I Phone by stating that display of the same is broken from the one side. It is further pleaded that opposite party had refused to accept the phone but the complainant had placed the said I Phone on the counter of the opposite party and left away. It is further pleaded that when opposite party showed his intention to lodge police complaint then on 21.08.2023 complainant and his friend Deep settled the matter with the opposite party and assured the opposite party that they will pay price of the display in three parts. The cost of the display at I Phone Service Centre is 30500/- and the complainant promised to pay Rs.20,000/- and had paid Rs.5500/- to the opposite party and further promised to pay the balance amount within one week but instead of paying the balance amount of Rs.11,700/-, the complainant has filed the present false and frivolous complaint and as such is liable to be dismissed.
4. Complainant alongwith complaint has filed his duly sworn affidavit with copies of documents Ex.C1 to Ex.C6.
5. Opposite party alongwith written reply has filed copies of documents as Ex.OP-1 to Ex.OP-3.
6. Complainant has argued in person that display purchased by him vide bills Ex.C2 to Ex.C4 was of inferior quality and as such the complainant had requested the opposite party to refund the amount.
7. On the other hand opposite party has argued in person that infact the alleged display was never fixed by the opposite party and the only dispute between the parties is regarding damage to the I Phone which complainant took from the opposite party on 19.08.2023. It is further argued that Rs.5500/- was infact paid by the complainant towards part payment of the damaged display of the I Phone. It is further argued that the complainant has filed false complaint should be directed to pay Rs.11,700/- to the opposite party. It is further argued by the opposite party that letter paid of the opposite party has been fabricated by the complainant and has also placed on record his registration certificate Ex.OP-1 wherein the name of the firm is mentioned as "Vishwakarma Ji Computer Word" where as on Ex.C2 words "Vishwakarma Ji Computer World" and as such complaint is liable to be dismissed.
8. We have heard both the parties in person. The plea of the opposite party that the complainant had taken one I Phone on 19.08.2023 is not supported by any document or receipt to prove this fact that complainant had entered into an agreement to purchase I Phone from the opposite party worth Rs.34,000/- or paid Rs.2400/- as earnest money. The opposite party has admitted receipt of payment of Rs.5500/- as part payment towards the damage of the display but since there is no document on record to prove the alleged deal. As such we have no hesitation in holding that Rs.5500/- was received by the opposite party from the complainant for fixation of display of the mobile phone of the complainant and since the said display was not working properly. The complainant has admitted that value of affixed display is not more than Rs.2000/- and as such refusal to refund the amount to the complainant amounts to deficiency in service.
9. Accordingly, present complaint is partly allowed and opposite party is directed to pay Rs.3500/- to the complainant without interest within 30 days from the date of receipt of copy of this order. However, if amount of Rs.3500/- is not paid within 30 days the amount shall carry interest @ 9% P.A. w.e.f. 24.08.2023 till realization.
10. Copy of the order be communicated to the parties free of charges. File be consigned.
(Lalit Mohan Dogra)
President.
Announced: (B.S.Matharu)
Oct. 17, 2023 Member.
*YP*
