Cheating/stolen of spare parts during service.
sudhakar s. yeradkar
(Querist) 12 July 2012
This query is : Resolved
Dear Sirs,
I had given my mobile for repair to a private service center.
I paid Rs.120/- (cash)to replace faulty part.
Service center denied for bill for said replaced Part and services given by them.
Thereafter the said problem was remain same hence approached again to service center.
As per their advice I kept said mobile for two hrs with them for servicing.
The problem remain same hence I approached to another service center and they opened mobile infront of me and found that earlier service center has replaced maximum spares of my mobile with old spare parts.
Please guide me in this case can I initiate legal action against first service center and proprietor.
I would be very much thankful if you guide me properly at the earliest.
best regards
J K Agrawal
(Expert) 13 July 2012
You file an FIR for offence of criminal breach of trust which is punishable up to life imprisonment under section 410 of IPC. At least it is punishable for imprisonment up to 3 years under section 406.
It is offence of theft also punishable under section 379 for 3 years imprisonment.
RAJU O.F.,
(Expert) 13 July 2012
Since you don't have any evidence for having paid the service charge, you cannot go to consumer forum. You may file criminal complaint, if the loss is worth the tension, money, energy spent for criminal proceedings. Always go to the authorised service centre of the mobile company, for repairs, wherein such cheating will not happen.
Raj Kumar Makkad
(Expert) 13 July 2012
Filing FIR is the only remedy in the given matter so move in that direction and failing which file a criminal complaint before the trial magistrate with application under section 156 (3) Cr.PC.
