The Ernakulam District Commission, led by Shri. D.B. Binu, Shri. V. Ramachandran, and Smt. Sreevidhia T.N., ruled that in consumer cases, the burden of proof rests with the claimant. The manufacturer cannot be held liable without sufficient evidence of service deficiencies or manufacturing defects.
Case Summary:
The complainant had submitted their LG Stylus-3 mobile phone to the manufacturer’s service center for repairs. However, the service center shut down without informing the complainant about the repair status. Upon visiting the now-closed showroom and indicating a potential legal action, the manufacturer returned the phone in a damaged state with a ruined display. The complainant then approached the Commission, seeking ₹10,000 for repair costs and ₹15,000 for mental anguish and other inconveniences.
Opposing Party’s Arguments:
The opposing party did not submit a written response, leading to the proceedings being conducted ex parte.
District Commission’s Observations:
The Commission noted the complainant’s claim that their mobile phone was returned in worse condition after being entrusted for repairs, with a damaged display. Despite seeking compensation for both the physical damage and mental distress, the complainant provided only one document to support their allegations. This evidence was deemed insufficient to substantiate the claim against the manufacturer. Citing the precedent set in SGS India Ltd. vs. Dolphin International Ltd., the Commission emphasized that the burden of proof lies with the complainant. Without adequate evidence of a service deficiency or manufacturing defect, the manufacturer could not be held responsible. As the complainant failed to provide sufficient proof, the Commission concluded that the complaint could not be upheld and subsequently dismissed the case.
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