By Jayasree Kallat, Member:

 

            The petition filed on 31-3-2010. The complainant, Balakrishnan.T. had entrusted his Nokia mobile phone with the opposite party Nokia Care, the service center to change the case of the set. While entrusting mobile phone set complainant had remitted Rs.2250/- half the amount of the case to the opposite party. Opposite party had requested the complainant to return back after 20 days. On 2-2-2010 opposite party had contacted the complainant over phone and directed the complainant to pay the balance amount of the case. Opposite party had also given a bill numbered as 4052 for an amount of Rs.4367/-. While entrusting the set opposite party had checked and found that the set was in working condition and all the functions were proper. When the complainant went back to take back the set after changing the case. Complainant found that the phone was not working. The case of the complainant is that he entrusted his mobile phone set which was in a working condition with the opposite party to change the case. But the opposite party when returned back the set it was found to be not functioning. Complainant had approached the opposite party several times since to get his phone. The opposite party has failed to return back the complainant’s mobile set in a proper working condition till now. Complainant is alleging negligence and deficiency in service on the part of opposite party. The mobile set costing Rs.25000/- which was in a working condition was entrusted with the opposite party just to change the case. When he got back it was not working properly.   The phone set is still with the opposite party. Hence the complainant has filed the petition before the Forum to get back the cost of the mobile phone and the repair charge along with cost.

 

            Notice sent to the opposite party was served. But the opposite party did not appear before the Forum or file any version. Hence after three postings opposite party was called absent and set exparte. Complainant was examined as PW1 and Exts. A1 to A3 were marked on complainant’s side. Ext.A1 is the bill for the changing of the case. Ext.A2 is the service job sheet which shows that the set was entrusted with Nokia Care, the opposite party, for case change. The complainant had entrusted a mobile phone set worth Rs.25000/- with the opposite party to change the case of the set. The set was in a perfect working condition while entrusting it with the opposite party. But when the complainant returned back to the opposite party to get back the set after changing the case he found the set to be not functioning. The opposite party did not appear before the Forum even after serving  notice. From the evidence and documents filed by the complainant the Forum is convinced that there was negligence and deficiency in service on the part of opposite party.

 

            In the result the petition is allowed and the opposite party is directed to return back Rs..4367/- which the complainant had paid to the opposite party as repair charges along with compensation of Rs.1000/- and a cost of  Rs.500/-. Opposite party is also directed to return back complainant’s mobile phone set. The Opposite party is to comply the order within one month from the date of receipt of copy of the order.

 

Pronounced in the open court this the 28^th day of July 2010.

Date of filing:31.03.2010

 

 

            SD/-PRESIDENT                    SD/-MEMBER                        SD/-MEMBER

 

APPENDIX

 

Documents exhibited for the complainant:

A1 . Cash bill of Nokia

A2. Service job sheet

A3. Letter of MIMS dtd.19.03.10.

 

Documents exhibited for the opposite parties:

            Nil

 

Witness examined for the complainant:

PW1.Balakrishnan (Complainant)

 

Witness examined for the opposite party:

             None

                                                                                           SD/-President

 

//True copy//

(Forwarded/By Order)

 

 

SENIOR SUPERINTENDENT