By. Sri. P. Raveendran, Member:-
Brief of the complaint: On 31.01.2011 the complainant entrusted his Nokia N 78 mobile phone with opposite party for repair at his G4 Mobile Mart at Kalpetta but till date ie on 20.01.2012 the opposite party has not returned the mobile set after repair. The complainant contacted the opposite party over phone at that time the opposite party's reply is unsatisfactory to the complainant. Now the opposite party is closed his G4 Mobile Mart at Kalpetta. Hence it is prayed that to allow Rs.14,000/- that is the cost of the mobile phone and Rs.3,000/- as cost and compensation.
2. Notice sent to the opposite party in his residential address since his shop is closed. The postman served intimation but the opposite party has not claimed the article. Hence it is returned as unclaimed. Hence opposite party is declared exparty and proceeded with the case.
3. Considering the complaint the following points are to be considered:-
1. Whether there is any deficiency in service on the part of the opposite party?
2. Relief and Cost.
4. Point No.1:- To prove his case complainant was examined as PW1, Ext.A1 also marked. At the time of chief examination he stated as stated in the complaint. Ext.A1 is the receipt given at the time of entrusting the mobile set with the opposite party for repair. On perusing the same it is clear that phone No.9847121101 is entrusted with the opposite party on 31.01.2011 with complaints of ringer. The complainant's proof affidavit shows that the opposite party is not returned the mobile set till date after repair. On perusing the complaint it is seen that now complainant is using another mobile phone bearing number 9447110540. So his prayer to get the cost of the mobile set is genuine. Ext.A1 shows that the mobile set entrusted with the opposite party on 31.01.2011. The complaint filed on 20.01.2012 that means the complaint is filed nearly after one year. Non returning the mobile set after repair is deficiency of service on the part of the opposite party. Point No.1 is decided accordingly.
5. Point No.2:- The mobile set entrusted with opposite party is on 31.01.2011 and the complaint filed on 20.01.2012 that is nearly after one year. So the complainant is entitled to get the cost of the mobile set. Even though no documents is produced before us what is the actual price of the mobile set. Anyhow in the complaint the complainant claimed Rs.14,000/- as cost of the mobile set. So he is entitled to get Rs.14,000/- from opposite party. He is also entitled to get Rs.1,000/- as cost and compensation. Point No.2 is decided accordingly.
In the result the complaint is partly allowed the opposite party is directed to pay Rs.14,000/- ( Rupees Fourteen Thousand Only) as cost of the Nokia N 78 mobile set and Rs.1,000/- ( Rupees One Thousand Only) as cost and compensation. This is to be complied by the opposite party within 30 days from the date of receipt of this Order.
Pronounced in Open Forum on this the day of 29th February 2012.
Date of Filing:20.01.2012.
