MEMBER SHEKHAR GUPTA, PROP Vs. DEEPAK GUPTA

JUDGEMENT

(1.) THIS appeal is directed against order dated 05.06.2012 of District Consumer Disputes Redressal Forum, Sarguja - Ambikapur (C.G.) (hereinafter called "District Forum" for short), passed in Complaint Case No. 127/2011, whereby agreeing with the allegation of deficiency in service on the part of appellant herein, made by the respondent No.1/complainant, appellant has been directed to return Nokia mobile of the respondent No. 1/complainant to him within a period of one month from the date of order after due repair and in case of failure to pay cost of hand set Rs.8,000, to the complainant. Apart from it, Rs.1,000 as compensation for mental agony and Rs.500 as cost of litigation, has also been awarded against the appellant herein.

(2.) IN nutshell, the facts of the case are that a Nokia mobile was purchased by the respondent No. 1/ complainant on 03.11.2010 from respondent No. 2/ Anamika Mobile, Ambikapur (C.G.) at the cost of Rs.8,000/ -. Some defects were generated in the mobile set and therefore, it was brought to the authorized service centre of the Company on 11.03.2011, but thereafter the Service Centre has never returned the said mobile to the respondent No. 1/complainant and thus committed deficiency in service, so. a consumer complaint was filed before District Forum.

(3.) THE appellant herein, who is in -charge of the Service Centre in the written version has averred that the said mobile set was returned after due repair to the respondent No.1/complainant and no deficiency in service has been committed by the appellant in this regard. The complaint has been filed unnecessarily to harass the appellant and to make a dent on the goodwill of the appellant company,