IN THE CONSUMER DISPUTES  REDRESSAL COMMISSION, KOTTAYAM.

Dated this the 24^th   day of February, 2021

Present:               Sri. Manulal V.S., President

                             Smt. Bindhu R. Member

                             Sri. K.M. Anto, Member       

CC No.147/19(filed on 4/9/19 )

Complainant                             :  Surendran P

                                                             Gaurisankaram,

                                                             Kodungoor, Vazhoor PO,

                                                             Kottayam.

                                                                   (Adv. Ramees.S)

                                                          Vs.

Opposite party                                   :  Vinod,

                                                              Mobile phone Sales and Service Shop

                                                              GSM Circle, Perunna PO

                                                              Changanacherry-2

                                                                   (Adv. Boban.T.Theckel)

ORDER

Sri. K.M. Anto, Member

The brief of the complainant’s case is as follows.

The complainant’s mobile handset Gionee S6 Model phone fell down and scratches appeared on the display screen.  The mobile phone was handed over to the opposite party for repair on 17/08/2018.  The opposite party assured to do the repair work of the mobile phone on an estimated cost of Rs.4,000/-.  The complainant agreed and paid Rs.1000/- as advance on 17/08/2018 and the handed over the mobile hand set.  The opposite party promised to return the mobile phone after repair within three days.  The mobile phone was not returned after three days and the complainant reached the opposite party shop on 24/8/2018 to collect the mobile phone.  The mobile phone slipped from the hands of an employee of the opposite party and got damaged.  The opposite party pleaded for the mistake and assured that they would set it right or another fresh set will be supplied.  But the opposite party failed to hand over the mobile phone after clearing the defects or to give a new set as promised.  The Gionee mobile set was priced 19349/-.  The hand set contained valuable data, photos and applications.  The complainant was put into irreparable loss, damage, mental agony and other difficulties due to the unfair trade practice by the opposite party.  The act of the opposite party is deficiency in service.  Hence this case.

On admission of the complaint, copy of the complaint was duly served to the opposite party.

Opposite party appeared through counsel but failed to file their version or defend their case.  Hence opposite party was set exparte.

Complainant filed proof affidavit and exhibits A1 to A5 and Mo1 were marked.

On going through the complaint, proof affidavit of the complainant and evidence  adduced, we would like to consider the following points

1. Whether there is deficiency in service from the part of the opposite party?
2. If so what are the reliefs and costs?

For the sake of convenience, we would like to consider point No.1 and 2 together.

On going through the complaint, proof affidavit of the complainant and evidence on record, it is clear that as per Ext.A2, the complainant paid Rs.1000/- as advance for service of the Gionee S6 model phone on 17/8/2018.  The mobile phone got repaired and before handing over the mobile phone on 24/8/2018, the mobile hand set slipped off from an employees of the opposite party and got damaged.  Even though the complainant sought relief for the replacement of the mobile phone or price of the mobile phone, no expert evidence is adduced by the complainant to prove that the mobile phone is irrepairably damaged.  It is clear that the opposite party failed to rectify the defects of the mobile phone of the complainant.

  This act of the opposite party is deficiency in service.  Hence we allow the complaint and pass the following orders.

1. The opposite party is directed to refund Rs.1000/- to the complainant.
2. The opposite party is directed to pay Rs.5000/- being the compensation for mental agony and hardships with cost of Rs.1000/- to the complainant.

The Order shall be complied with within 30 days from the date of receipt of copy of the order.  If not complied as directed, the award amount will carry 9% interest from the date of order till realization.

Pronounced in the Open Commission on this the 24^th day of February 2021.

Sri. K.M. Anto, Member        Sd/-

Sri. Manulal V.S., President  Sd/-

Smt. Bindhu R. Member        Sd/-

Appendix

Exhibits marked on the side of the complainant

A1-Copy of receipt dtd 18/5/17issued by Oxygen the Digital shop

A2-Receipt dtd 17/8/18 issued by mobile world

A3-Postal receipt

A4-AD card

A5-Copy of lawyer’s notice dtd 5/12/18

Mol-mobile phone cover

By Order,

Senior Superintendent.