Order-8.

Date-03/06/2015.

Complainant Sourendra Nath Dutt by filing this complaint submitted that he purchased his computer INTEL 845 based Mother Board run by the 2.8 GZH PENTIUM 4 Prosser to the BKS Solution situated at Biplobi Ankul Chandra Street, Kolkata – 700072 under P.S.- Bowbazar for repair with the complaint that no display on the monitor due to some electrical voltage fluctuation to him computer arose and for that reason he went to the said shop to repair the same and after checking op suggested that minor fault was there and op requested him to come after three days later when op asked him to pay sum of Rs. 300/- for servicing charge and repairing for the same.

But on 29.05.2014 op handed over the said repaired Mother Board and told that the problem is solved just fit in the complainant’s CPU.Then the computer will resume running again.After taking said bill amount in full op asked the complainant to go behind the counter as there are some other customers.

But unfortunately after coming back home complainant fixed the Mother Board in his CPU and the monitor showed that no signal and for which he contacted with BKS Solution but they refused to give any further service and they also not entertained unless and until customer is willing to pay service charge again.

On 13.05.2014 complainant went to the service center with prior appointment over mobile phone.But op again refused to rectify the same.So, complainant went to the service centre to bring back the said computer in good working condition on the same day and after checking the said Mother Board they found that 2.8 GHZ PENTIUM 4 Processor made by INTEL Corporation with other parts such as Heat Sink, cooling fan of the same along with RAM original parts was missing and in place of that op put fake/local made/e-waste.Not only that he purportedly and deliberately put a thick lair of Heat Sink paste on the Processor so that nobody can verify the Processor Speed at a glance which he has but also changed or replaced with 1.4 GHZ defunct Processor.

E-waste is a popular name of electronic product nearing to end of the useful life many of this can be revised refurbished or recycled then resale salvage for disposal which can be defined as E-waste.

It is specifically mentioned that complainant requested op over mobile phone and personally visited to rectify the same as usual he refused the same to rectify and due to this complainant faced huge loss of working hour and energy and in spite of his utmost endeavor with several telephonic complaint to op and by that act op has adopted unfair trade practice as service provider and also damaged the said Mother Board and for which complainant has prayed for and in the above circumstances, complainant prayed for redressal.

Fact remains that the notice was served upon the op and it was duly delivered on 27.04.2015 and op appeared on 12.05.2015 and prayed for time by filing power and thereafter they did not turn up to contest this case for which the case is heard exparte.

                                             Decision with reasons

On careful consideration of complainant’s written version and also considering the document that is bill, receipt issued by BKS Solution on 26.05.2014 it is clear that complainant submitted INTEL PENTIUM Mother Board as it was not displaying and repairing charge was fixed at Rs. 300/- which was paid.But complainant’s allegation is that even after repairing of the same, it was found that the computer did not run though it was fixed with CPU.

Thereafter as per complaint, complainant visited the shop of the op, but op did not take any care.Thereafter complainant went to service centre wherefrom he came to learn that all original parts have been removed from the Mother Board by the op and some items were placed which were E-waste and that matter also reported to the op.But op did not respond.

Thereafter complainant wrote a letter to the op by Registered Post with A/D which was received by the op but op did not respond and considering that fact it is clear that op had his scope to defend the allegation of the complaint.But op did not make any reply and most interesting factor is that op appeared in this case on 12.05.2015 by filing power and prayed for time.But ultimately did not contest this case.It indicates that op ultimately realised that it is impossible for him to defend the allegation of the complainant and fact remains that the conduct of the op is no doubt deceitful manner in nature and such sort of act on the part of the op as service provider is very dangerous in nature because in the present case during repairing of the Mother Board from the Mother Board original parts were replaced by E-waste articles for which ultimately the said computer did not run.

But such sort of practice on the part of the op should be controlled, otherwise huge number of customers shall be deceived by such sort of service provider i.e. BKS Solution and in the present case, complainant has proved that BKS Solution has damaged the said computer set by removing the original parts and items by replacing it with E-waste articles and by that act, no doubt complainant has been deceived and he has suffered huge loss and for which the present complaint succeeds.

Hence, it is

                                                     ORDERED

That the complaint be and the same is allowed exparte against the op with cost of Rs. 5,000/-.

Op is hereby directed to make the computer set as before and in running condition by placing a new original item and make the said compute set free from all disturbances and make it running condition in all respect by handing over a fit certificate that he has supplied all original items and it must be completed within one month and shall have to handover the said set to the complainant and complainant is directed to place the said set in the shop of the op and op shall have to handover the receipt and repair it and make it running condition with original parts at their own cost within one month, failing which op shall have to pay of Rs. 30,000/- as compensation to the complainant within 15 days from the date of first one month the stipulated period for repairing the said set and if the order is not complied within the 45 days, in that case op shall have to pay penal interest at the rate Rs. 200/- per day till full satisfaction of the decree and if it is collected, it shall be deposited to this Forum.

Even if it is found that op is reluctant to comply the order, in that case, penal proceeding shall be started u/s 27 of C.P. Act, 1986 for which further penalty and fine shall be imposed against the op.