DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PALAKKAD
Dated this the 22nd day of August, 2022
Present : Sri.Vinay Menon V., President
: Smt.Vidya A., Member
: Sri. Krishnankutty N.K.,Member
Date of filing: 17/07/2020.
CC/69/2020
Sineesh P.T, - Complainant
S/o.Thankappan,
Pallath Veedu, Chirakuzhi,
Pazhayannur, Thrissur Dist. 680 587.
(Party in person).
Vs
The Proprietor - Opposite Party
Babs Mobile Care,
1st Floor, Adam Complex,
Shoranur road, Noorani,
Palakkad-678 004.
(By Adv.M.J. Vince).
O R D E R
By Smt.Vidya A.,Member
Pleadings of the complainant in brief.
1. The complainant entrusted his wife’s mobile phone Redmi Note 5 and his mobile phone Redmi Note 7 pro to the opposite party shop for repairing. His wife’s mobile phone had the problem of ‘display broken’ and his mobile has the complaint of ‘camera lens broken’. The opposite party repaired his mobile phone and charged Rs.450/- for that. After repair the complainant found dust inside the lens and scratches inside the mobile and when pointed out this to the opposite party, they were not ready to agree and change it. Further they did not issue the bill for the amount received. A few hours later, they returned his wife’s mobile after repairing and charged Rs.2300/- which he paid, but the opposite party did not give receipt for that also. When, checked he found its “touch screen” was very slow.
After the repair, he found the following problems in the phone.
1. The display frame has gap and the frame is defective.
2. It was not able to send photos through whatsapp and keyboard was
also not working.
3. Unable to disconnect the call and the phone automatically makes call.
4. Front & back cameras are not working.
All these happened because of the Deficiency in service on the part of opposite party. He approached the opposite party and complained about these defects, but they were not ready to refund the amount. They did not give receipt for payment made by him. So this complaint is filed for directing the opposite party to pay Rs.6000/- as compensation for their Deficiency in service and for his mental agony, Rs.3000/- as cost for repairing his phone Rs.6000/- for his inconvenience and Rs.5000/- as cost of the complaint.
2. Complaint was admitted and notice was issued to the opposite party. The opposite party entered appearance and filed their version.
3. The pleadings of the opposite party in their version is as follows.
The opposite party admits that the complainant approached him for repairing his wife’s phone Redmi Note 5 and paid Rs.2300/- towards the expenses of replacing the display. The complainant also repaired his phone Redmi note 7 pro and paid Rs.450/- for changing the camera lens. Both the phones were returned to him after repair and the complainant paid the amount as the service was satisfactory. If there was any dust or foreign particles in the lens the picture could not be captured correctly and the complainant would not have accepted that. He would not have given the other phone for repair, if he was not satisfied with the work. He returned home without any complaint and this is an outburst of an afterthought. When he reached home his wife demanded for a new phone as she was not satisfied with the performance of the phone as it was old. When the complainant informed this to the opposite party, they informed that it is a service centre and not a retail shop and no exchange of mobile is possible. All other allegation regarding the defects in the phone is denied by the opposite party and for the service, bill was issued to the complainant at that time itself. The amounts claimed under various heads as compensation are baseless and legally unsustainable and the complaint has to be dismissed.
4. From the pleadings of both parties, the following points arises for consideration.
1. Whether the complainant had succeeded in proving the defects in the
phone ?
2. Whether there is any Deficiency in service on the part of opposite
party ?
3. Whether the complainant is entitled to the reliefs sought for?
4. Reliefs, as cost and compensation.
5. Complainant was continuously absent for so many postings and did not file proof affidavit or documents. Opposite party filed proof affidavit. No documents were produced from their side. Evidence closed
Point No: 1
6. The complainant’s main grievance is that he gave 2 mobile phones to the opposite party for repairing and paid the charges demanded by them. But the mobile phones have many defects even after repair and the opposite party was not ready to attend his grievance. Moreover they did not provide receipt for the payment made by the complainant as service charge.
7. The opposite party denied these contentions and stated that the complainant took back the phones and paid the service charge after fully satisfied about the functioning of the two phones. The opposite party issued bills for the service charge also.
8. So the burden is on the complainant to prove the defects in the phone by adducing sufficient evidence. But he did not file proof affidavit or any document in support of his claim. Further there was no attempt on the part of the complainant to bring expert report to show the defects in the phone as alleged by him. So the complainant has failed to prove the defects in the phone. Point no.1 is decided accordingly.
Points 2 to 4
9. Since the complainant has failed to prove the defects, no Deficiency in service can be attributed on the part of the opposite party. The complainant is not entitled to the reliefs claimed.
In the result, the complaint is dismissed.
Pronounced in the open court on this the 22nd day of August,
2022.
Sd/-
Vinay Menon V
President
Sd/-
Vidya A
Member
Sd/-
Krishnankutty N.K
Member
Appendix
Exhibits marked on the side of complainant: NIL
Exhibits marked on the side of Opposite parties: Nil
Witness examined from complainant’s side:- NIL
Witness examined from opposite party’s side:- NIL
Cost: Nil.
