West Bengal

Birbhum

CC/46/2020

Arindam Kundu, C/O. H.Kundu - Complainant(s)

Versus

Birbhum Infotech, Bolpur Branch - Opp.Party(s)

Subrata Mukhopadhay

13 Oct 2022

ORDER

Shri Sudip Majumder . Member.

            The complainant files this case U/S 12 of the Consumer Protection Act, 1986. The fact of the case in brief is that the complainant/petitioner took service of his defective Laptop being Model No. AC122TU Manufactured by HP Company, from a service centre of various electronic goods under the name and of style Birbhum Infortech at Santiniketan Road, Bolpur, Birbhum on 03/01/2019.

            It is further stated that on 06/01/2019 the OP called the complainant and informed that his laptop became ready and it has no problem at present and thereafter the complainant came to the office of the OP for taking delivery of the same and at the time of getting delivery, the complainant requested the OP to check the same in front of him and as per request of the complainant, while the said laptop was checked, it seems that it has same fault.

            It is alleged by the complainant that thereafter the complainant denied to pay the service charge but OP forced the complainant to pay the service charge along with GST and thereafter the complainant became bound to pay amount of Rs. 2950.

            That the complainant requested several times to the OP but the OP became deaf ear towards the request of the complainant and the complainant was being harassed by the Op.

            Hence, this case filed by the complainant with a prayer to return the said service charge amounting of Rs. 2950 plus interest till the realization and Rs. 20,000 for physical and mental harassment caused by the OP.

 

 

 It appears from case record that none appears from the OP side before this District Commission after receiving the notice. OP has not taken any steps. No written version has yet been filed by the OP. As a result of that by order No. 14 dated 12/05/2022 this Forum (Now Commission) stated for running of the instant case exparte against the OP.

Points for determination/Issues

1.  Whether the complainant is a consumer as per definition of the term ‘Consumer’ of the C.P Act. ?
2. Whether this Commission has jurisdiction to try this case?
3. Whether there is any deficiency in service on the part of the Ops?
4. Whether the complainant is entitled to get any other relief or reliefs as prayed for?

 Decision with reasons

Point No. 1:

            Evidently the complainant took service for his defective Laptop with a consideration of Rs. 2950 from OP vide tax invoice No. BI/2023/18 _19 dated 06/01/2019.

            Hence, the compliant is a Consumer U/S 2(1) (d) (ii) of the Consumer Protection Act, 1986.

Point No. 2:

            Pecuniary jurisdiction of the Forum as per Sec. 11(1) of the Consumer Protection Act, 1986

i.e. Rs. 20,00,000/. OP/Birbhum infotech, Santiniketan Road, Bolpur, Birbhum i.e. within the territorial jurisdiction of the Forum/Commission as per Sec. 11(2) of the Consumer Protection Act, 1986. So, this Forum/Commission has territorial and pecuniary jurisdiction.

Point No. 3:

            From the unchallenged evidence of the complainant and also from the Tax Invoice vide No. BI/2023/18-19 dated 06/01/2019 issued by the OP/Birbhum Infotech, it appears that the complainant took service from the OP with a consideration of Rs. 2950 (Two thousand nine hundred fifty only) including GST and as the OP did not feel any urge to contest the case so this Commission is of view that there is no reason to disbelieve the unchallenged evidence of the complainant.

            The complainant took service for his defective Laptop from the OP and at the time of delivery, the complainant requested the OP to cheek the same in front of him and while the said laptop was checked, it seems that it has same fault.

Thereafter the complainant denied to pay the service charge but OP forced the complainant to pay the service charge along with GST and thereafter the complainant became bound to pay amount of Rs. 2950.

           

 

That the complainant requested several times to the OP but the OP became deaf ear towards the request of the complainant and the complainant was being harassed by the Op.

            Hence, this conduct of the OP shown that there was deficiency in service and unfair trade practice on the part of the OP U/S 2 (r) (i) (ii) of the C.P. Act, 1986 which provides for ….“ falsely represents that the services are of a particular standard, quality or grade.”

            Hence, it is proved that there is proved that there is deficiency in service on the part of the OP.

            Point No. 4:

                        In this case, after receiving the information from complainant as well as through notice the OP did not feel any urge to repair the said Laptop in question or return the said service charge to the complainant. Hence, the OP is liable for the same.

            Hence, the complainant is entitled to get relief or compensation as prayed for.

            Thus, all the points are decided in favour of the complainant.

            Complainant is sufficiently stamped and proved beyond all reasonable doubt.

• In Chengalrayan Cooperative Sugar Mills Vs. Oriental Insurance Co. Ltd. & Anr. (2000) 10 SCC 213 it was held that “Interest ought to have been awarded from the date on which the claim was filed before the Forum.”
• In Krishna Bhagya Jala Nigam Ltd. Vs. G. Harishchandra Reddy & Anr. (2007) 2 SCC 720 it was held that “Only 9% interest be awarded on refund matter.”

            In the instant case as per view of the Hon’ble Apex Court in several cases the interest will be given @ 9% p.a. from the date of filing of this case.

Hence, it is,

            O R D E R E D,

                                        that the instant C.F. Case No. 46/2020 be and same is allowed exparte against the OP with cost.

The OP/Birbhum Infotech is directed to pay Rs. 2950 (Two thousand nine hundred fifty only) to the complainant as refund the value of service charge along with interest thereon @ 9% per annum calculating on and from 10/08/2020 (i.e. from the date of filing of this case) to till realization. OP is also directed to pay Rs. 15,000 (Fifteen thousand) to the complainant for compensation as against mental agony and harassment to the complainant.

 

The entire decree will be complied by the O.P. within 45 (Forty five) days from this date of order, in default the complainant is at liberty to put this order in execution in accordance with law.

The instant case is thus disposed of.

Let a copy of this order be given/handed over to the parties to this case free of cost.