Present: Sh. Manoj Jangra, Adv. for complainant.
The complaint presented today. It is checked and registered. Today the case is fixed for consideration on the maintainability of the present complaint.
Heard. On perusal of case file, we have observed that in the present complaint, the complainant averred that the OP is doing the work of mobile repairing. The complainant had given his mobile to the OP for repairing against charges of Rs. 2000/-as the said mobile phone had a software defect but due to deficient act of the OP, the said phone became defective. It is averred that thereafter the OP returned the said mobile to the complainant and transferred Rs. 1600/-online to the complainant.
It is also averred that the complainant had purchased the said mobile phone in a sum of Rs. 20,000/-vide bill placed on file and as narrated above, the OP has committed negligence and deficiency in service towards the complainant by causing loss to his mobile phone by damaging the same.
We have observed that the disputed mobile phone worth Rs. 20,999/-has been sold by Health & Happiness Pvt. Ltd in the name of complainant through Flipkart and as per document of ‘Transaction Details’ submitted by the complainant, no transaction of any money/cash took place between the complainant and the OP, against which the complainant has filed the present case.
The complainant also failed to place on record any other congent or authentic document in support of his complaint to satisfy this Commission that in which manner the OP has committed any cheating/deficiency in service qua the complainant.
Hence, prima-facie, we think that it is not a fit case for summoning of OPs by issuing notice by this Commission. Therefore, the complaint of complainant being not maintainable in the present form, deserves dismissal and hence, the same is hereby dismissed.
File be consigned to the record-room.
