Complainant has filed this complaint under Section 12 of the Consumer Protection Act, praying therein that the OP be directed to pay a sum of Rs.10,000/- as compensation to him. In brief, the case of the complainant is that he purchased a handset of Sony Ericsson K790i from the OP ON 07.11.2008. Since very beginning, the phone is not giving proper service. It has problems of hanging, joystick etc. He gave the handset to the OP a number of times for repair but the handset has not been satisfactorily repaired. The same problems still exist. For the last time, the complainant handed over the handset to the OP on 13.04.2009 and since then, the handset is with the OP and the same has not been repaired. 2. Notice was issued to the OP which was duly served. Despite service, neither the manager nor any authorized agent has appeared on its behalf, therefore, OP was proceeded as ex parte. 3. We have gone through the record and have heard the arguments put forth by the complainant (OP ex parte). 4. There is no material on record to prove that the complainant is owner of the mobile handset Sony Ericsson K790i as mentioned in the complaint. No receipt regarding purchase of the said handset has been placed on record. However on the job sheet, the name of the customer has been mentioned as Sh. Satinder Pal Singh. But any one can take the mobile of some other person for being repaired by handing over the same to service center. So, the mere job sheet cannot be taken as an evidence of ownership of the handset. In these circumstances, there is no material on record to prove that the complainant is the owner of Sony Ericsson K790i mobile handset. However, as deposed by the complainant, the said handset was last given for repairs in the month of April, 2009 and has not been repaired so far. So, the OP is directed to return the handset after repairing and making it functional to the complainant within a period of one month from today failing which the OP shall return the completely repaired/fully functional handset to the complainant along with compensation of Rs.5,000/-. Hence, the complaint is disposed of accordingly. 5. Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room. Announced 02.12.2009
| MRS. URVASHI AGNIHOTRI, MEMBER | HONABLE MR. LAKSHMAN SHARMA, PRESIDENT | MR. A.R BHANDARI, MEMBER | |