Smt. Bandana Roy, President
Brief case of the complainant is that the complainant deposited his handset Micromax mobile on 01.05.2014 to the OP for repairing the same. OP did not return the same to the complainant after repair. Complainant issued legal notice to the OP but no result. Complainant lodged complaint with the Assistant Director, Consumer Affairs and Fair Business Practices, Purba Medinipur Regional office, but the OP did not turn up. Hence, the case.
OP contested the case by filing W/V and OP denied all the version of the complainant. OP alleged that on 01.05.2014 complainant gave a broken mobile to the OP for repair. Complainant made no advance payment for the said repairing of the mobile. OP reported complainant to take back the mobile from him on payment. But complainant paid no heed. OP prayed for dismissal of the case.
Point for discussion
Whether the complainant is entitled to get relief, as prayed for?
Decision with reason
We have perused the complaint and W/V and perused the documents filed by the complainant. It appears that complainant purchased the mobile at Rs.2900/- from one Mobile World on 19.02.2014. From the copy of Tax Invoice (annexure 2), it appears Rs.1550/- was the cost charged for the repairing of the mobile. There is note in the Tax Invoice date 01.05.2014 that ‘LCD Broken, Touch Broken’. The warranty period is 30 days from 01.05.2014. Complainant could not prove by cogent evidence that the complainant paid costs of repair of the mobile. Complainant should pay the charges of repair of the mobile to the OP and OP will repair the mobile on payment. It appears that the complainant failed to prove any deficiency in service of the OP. Hence, complainant is not entitled to get any relief in this case.
Hence, it is,
ORDERED
that the complaint case being no. CC/82/2016 be and the same is dismissed on contest. There is no order as to cost.
Let the copies of the judgement be supplied to all the parties free of cost.
