K AMJAD BASHA Vs. N NAVEEN KUMAR

JUDGEMENT

(1.) AGGRIEVED by the order, dated 16.11.2010, passed by the Andhra Pradesh State Consumer Disputes Redressal Commission at Hyderabad (for short "the State Commission") in First Appeal No. 300 of 2008, the Complainant is before us in this Revision Petition.

(2.) IN short, the grievance of the Complainant, in his Complaint before the District Consumer Disputes Redressal Forum at Anantapur (for short "the District Forum"), was that he had handed over his Nokia mobile, model N -70, to the Respondent for rectification of display problem in the set, purchased by him in January, 2007 in Saudi Arabia. While handing over the set, he had paid a sum of 1000/ - towards the repair charges, as demanded by the Respondent. However, when he went to collect the set, he was asked to pay a further sum of 3500/ -, as it was found that the Integrated Circuits (ICs) had to be replaced, besides replacement of display module. The Complainant seems to have protested to the demand of extra money. The Respondent having failed to deliver the mobile set without the Complainant paying the extra amount, the Complainant got a legal notice issued to him. Responding to the said legal notice, the Respondent, while admitting that he had received an advance of 1000/ - for replacing the display module, stated that when the Complainant visited the service centre on 22.09.2007, he was informed that ICs had to be replaced, for which an estimate of 4500/ - had been given to him but for unknown reasons, he refused to pay the said amount. It was stated that the Respondent was still prepared to return the said mobile set as it is and also to refund the amount of 1000/ - paid by the Complainant.

(3.) NOT being satisfied with the offer made by the Respondent, the Complainant filed the Complaint before the District Forum. Vide order dated 31.01.2008, the District Forum dismissed the Complaint, inter alia , holding that there was no deficiency in service on the part of the Respondent. While dismissing the Complaint, the District Forum also directed the Complainant to pay to the Respondent a sum of 2000/ - towards damages for causing mental agony to him along with 500/ - as litigation expenses.