DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

Civil Station, Palakkad 678001, Kerala

Dated this the 25^th day of February, 2010

Present: Smt.Seena.H, President

Smt.Preetha.G.Nair, Member

Smt.Bhanumathi.A.K, Member

C.C.No.81/2009

Prabhakaran,

S/o.Krishnan,

Pokkathu House,

Kannadi,

Palakkad. - Complainant

(By Adv.C.Ramadas)

Vs

The Manager/Proprietor,

Angel Electronics,

15/694, Kunnathurmedu,

Palakkad. - Opposite party

(By Adv.A.Chenthamarakshan)

O R D E R

By Smt.Seena.H, President

Case of the complainant in brief:-

Complainant entrusted his defective TV set for repair to the opposite party on 23.04.09. The set was taken by the staff of the opposite party from the complainant's home. The set was delivered back by the staff of the opposite party on 24.04.09 after effecting repairs. Opposite party charged Rs.730/- for spare parts and Rs.250/- as service charges. The grievance of the complainant is that the opposite party has not issued him the genuine bill and has also not returned the replaced spare parts. The staff while delivering the set has issued only a repair slip and estimate bill. Complainant also doubt that the original parts are replaced by duplicate spare parts. Complainant caused a lawyer notice dtd.25.04.09 to the opposite party claiming compensation of Rs.6,500/- for the unfair trade practice adopted by the opposite party. Opposite party replied stating untrue facts. Hence the complaint. Complainant claims a total amount of Rs.6,500/- as compensation for the unfair trade practice and mental agony caused to the complainant.

Opposite party filed version contending the following. Opposite party admits that the television set of the complainant was repaired and delivered back by the opposite party and that an amount of Rs.980/- in total was also received. According to opposite party, complainant has no case that the television set was not functioning after repair. While doing out door repair the usual practice adopted by the opposite party is to deliver the job slip and estimate bill with the technician who inturn will give it to the customer. The original bill can be had from the opposite party's shop. Opposite party while replying to the lawyer notice issued by the complainant has stated that he is ready to return the defective spare parts as well as the original bill. But the complainant has never approached the opposite party for the same. Opposite party has not adopted any unfair trade practice and hence complaint is liable to be dismissed with compensatory cost.

Both parties filed their respective affidavits. Exts.A1 to A5 marked on the side of the complainant. Ext.B1 to B3 marked on the side of the opposite party.

Now the issues for consideration are;

1. Whether there is any unfair trade practice or deficiency in service on the part of opposite party?

2. If so, what is the relief the complainant is entitled to?

Heard both parties and has gone through the entire evidence on record.

The specific case of the complainant is that the opposite party after repairing the television set of the complainant has not issued the original bill as well as not returned the replaced spare parts. Opposite party on the other hand contented that technician usually will not carry the replaced spare parts with them while delivering the repaired set to the customer's home. Further estimate bill will be given to the technician for issuing to the

customer and original can be had from the opposite party's shop by the customer.

It is admitted fact that the opposite party has caused repair to the television set owned by the complainant. It is also an admitted fact that repaired set is functioning properly. The main grievance is with respect to non return of replaced spare parts complainant also alleges that opposite party has replaced the original parts of the set with duplicate spare parts. On going through Exts.A1 to A4, it can be seen that opposite party has repaired and delivered the set the very next day of entrustment itself. Further opposite party has taken the set from the complainant's home and delivered back at home itself. A total of Rs.980/- has been levied by way of spare parts charges and labour charges. It is evident from Ext.A3 that the complainant has issued the lawyer notice, the very next day of delivery of repaired set. Complainant has not taken any positive steps to approach the opposite party for settling the grievance if any. Instead has initiated legal proceedings. Opposite party has replied by way of Ext.A5 that he is ready to deliver the replaced parts, but complainant has no case that he has approached the opposite party even once and the opposite party was reluctant to deliver the replaced spare parts.

The allegation of the complainant regarding the change of original parts of his set with duplicate spare parts is not supported by any evidence and hence unacceptable. Further complainant has no case that his television set is not properly functioning after repair.

In view of the above circumstance of the case, we are of the view that complainant has miserably failed to establish a case in his favour. Further we are of the view that this is fit case to award compensatory cost to the opposite party.

In the result complaint dismissed with compensatory cost of Rs.1,000/- to the

opposite party.

Pronounced in the open court on this the 25^th day of February, 2010

Sd/-

Seena.H,

President

Sd/-

Preetha.G.Nair,

Member

Sd/-

Bhanumathi.A.K,

Member

Appendix

Witnesses examined on the side of complainant

Nil

Witnesses examined on the side of opposite party

Nil

Exhibits marked on the side of complainant

Ext.A1 – Repair slip issued by opposite party to complainant

Ext.A2 – Estimate dt.24.04.09 issued by opposite party to complainant

Ext.A3 – Photo copy of lawyer notice dtd.25.04.09 sent by complainant to opposite party

Ext.A4 - Acknowledgement card

Ext.A5 – Reply letter sent by opposite party to complainant

Exhibits marked on the side of opposite party

Ext.B1 – Photo copy of Estimate dt.24.04.09 issued by opposite party to complainant

Ext.B2 – Photo copy of Repair slip issued by opposite party to complainant

Ext.B3 – Photo copy of Form No.80C

Cost(Allowed)

Rs.1,000/- (Rupees One thousand only) allowed as compensatory cost to opposite party