M SUBBAIN Vs. V DHANIKACHALAM

JUDGEMENT

(1.) The unsuccessful complainant is the appellant. His case is that he has given a refrigerator to the opposite party-Dhanikachalam for repair and he did some repair work and received a sum of Rs.1,750/-. But again the refrigerator was not alright and when the complainant approached the opposite party he demanded a sum of Rs.975/- for further servicing. Since the defects persisted only because of the improper servicing of the opposite party, the complainant asked the opposite party to return back the amount of Rs.1,750/- paid to him, but he refused. On these grounds alleging deficiency in service, the complaint has been filed for directing the opposite party to pay the said sum of Rs.1,750/- and also a sum of Rs.20,000/- cost of the refrigerator and Rs.50,000/- as compensation for mental agony and suffering.

(2.) The opposite party in his written version denied that any fridge was given to him for servicing and that he is the Proprietor of 'cool Land Enterprises as stated in the complaint. He contended that there was no deficiency in service on his part as alleged. Hence the complaint is liable to be dismissed.

(3.) The District Forum, on consideration of evidence adduced by the parties, held that the complainant has not proved that he gave his refrigerator to the opposite party for repair and as such the opposite party cannot be held deficient in service. On this finding the District Forum dismissed the complaint.