Rajasthan

StateCommission

A/506/2015

M/s Trut Marketiong - Complainant(s)

Versus

Shourabh Pal s/o Attar Singh - Opp.Party(s)

Vinod Kumar Sharma

22 Mar 2016

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

 

FIRST APPEAL NO: 506 /2015

 

M/s. Trust Marketing CC 207 Gole Market, Jawahar Nagar, Jaipur & ors.

Vs.

Saurabhpal r/o House no. 175 Gali No.2, Ward No. 3 Behind Labour Court, Purani Abadi,Sriganganagar.

 

Date of Order 22.3.2016

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

Mr. Kailash Soyal -Member

 

Mr..Mukesh Meena counsel for the appellants

Mr.Jai Prakash counsel for the respondent

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

This appeal has been filed against the judgment of the

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learned DCF, Sriganganagar dated 11.3.2015 whereby the claim of the respondent has been allowed.

 

The facts of the case are that the complainant purchased a mobile set from the respondent no.1 and 3 with guarantee of one year. It has been contended before the Forum below that on 2.10.2014 the mobile was hanged and display was not working and it was deposited with the service centre i.e. appellant no.2 and job sheet was prepared but it was not repaired on the pretext that the antenna was broken, it was repaired from outside and the screws were of black colour and same facts were re-agitated before this court.

 

Per contra the contention of the respondent is that there is no mention of these facts in the job sheet.

 

Heard the counsel for the appellant and perused the impugned judgment as well as the original record of the case.

 

The job sheet is the key document in the matter in which condition of the mobile set is stated to be 'OK, Good' and complaint of the customer is stated 'dead , does not switch on' and it has also been mentioned that the set is in warranty period.

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Now, the appellant want to take a U turn and want to rely on the facts which are not narrated in the job sheet. There is no mention in the job sheet that antenna was broken or it was get repaired from outside. Hence, the Forum below has rightly allowed the complaint. The appeal is baseless and it seems that just to harass the consumer, this frivolous appeal has been filed. Hence it is dismissed with Rs.2000/- cost.

 

(Kailash Soyal) (Nisha Gupta )

Member President

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