BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 28th day of April 2018
Filed on : 18/12/2017
PRESENT:
Shri. Cherian K. Kuriakose, President.
Shri. Sheen Jose, Member.
Smt. Beena Kumari V.K. Member.
CC.No.505/17
Between
Madhu Kumar P., : Complainant
S/o. P. Madhavan Nair, (Party-in-person)
Madhu Mandiram, Elookara
Road, East Kadungallur,
Aluva-683 102.
And
Techno craft services, Lenovo, : Opposite parties
Motorola, Authorised (absent)
service centre, 1st floor,
Royale Plaza, Near Najath
Hospital, Aluva-683 101.
O R D E R
Cherian K. Kuriakose, President.
1. Complainant’s case
The complainant had produced a Motorola mobile phone before the opposite party for repairs on the ground that 'on/off' switch was not working properly. When the complainant had entrusted the phone to the opposite party there was no problem with the display. The complainant was provided with a bill in which the defect of the phone was recorded as the complaint of'on/off'key issue.On December 2014, when the complainant approached the opposite party, the opposite party told him that the display of the phone was not working. There is deficiency in service on the part of the opposite party, since there was no complaint of the display at the time when the phone was entrusted to the opposite party for repairs.
2. Notice was issued to the opposite party and they did not appear to contest the matter.
- When the matter came up for complainant’s evidence the complainant filed a proof affidavit and Exbt. A1 document was marked.
- Exbt. A1 is the receipt dated 07-12-2017 issued in favour of the complainant, Shri. Madhukumar, the opposite party. In Exbt. A1, there is nothing to show that there was any issue with the display of the mobile phone. The opposite party did not adduce any evidence to deny the allegation of the complainant. Exbt. A1 would prove that the opposite party had received the phone on 07-12-2017. Since the phone was not returned to the complainant, the complainant had filed this complaint before this Forum on18-12-2017. If the opposite party had got a case that the phone was returned to the complainant after repairs they could have appeared and stated so. Having not done, so, we find the case of the complainant was acceptable. Issue is found in favour of the complainant.
5. In the result, we allow the complaint by passing an order
- Deliver the mobile phone collected from the complainant as per Exbt. A1 in a fully working condition after collecting the charges for repairing the 'on off' switch.
- The opposite party shall pay Rs. 5,000/- towards compensation for the delayed delivery of the phone to the complainant and also towards the costs of the proceedings.
- The phone shall be delivered to the complainant and the payment as aforesaid shall be given to the complainant within 30 days from the date of receipt of a copy of this order.
Pronounced in the open Forum on this the 28th day of April 2018
Sd/-
Cherian K. Kuriakose, President.
Sd/-
Sheen Jose, Member.
Sd/-
Beena Kumari V.K., Member.
Forwarded/By Order,
Senior Superintendent.
Appendix
Complainant's Exhibits
Exbt.A1 : Copy of bill dt. 07-12-2017
Opposite party's exhibits: : Nil
Copy of order despatched on :
By Post: By Hand:
