BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.50 of 2015

Date of Instt. 16.02.2015

Date of Decision :19.05.2015

Harkamal Singh son of Jagdish R/o H.No.252, Gali No.10, Raman Mandi, Jalandhar.

..........Complainant

Versus

Digital World, Shop No.137/138, Monika Tower, Milap Chowk, Jalandhar.

.........Opposite party

Complaint Under the Consumer Protection Act.

Before: S. Jaspal Singh Bhatia (President)

Ms. Jyotsna Thatai (Member)

Sh.Parminder Sharma (Member)

Present: Complainant in person.

Opposite party exparte.

Order

J.S.Bhatia (President)

1. The complainant has filed the present complaint under the Consumer Protection Act, against the opposite party on the averments that he gave his laptop to opposite party for repair on 4.2.2012 and the price of the same is about Rs.15,000/-. In this regard, the opposite party issued a receipt mentioning service tag number etc. He asked the opposite party to return his laptop but it put him off on one protest or another. He also served written notice to the opposite party and also requested him on phone on which the opposite party told him to come on its shop. He went to the shop of the opposite party but opposite party with view of cheat him and misappropriate his laptop, wrote not possible on his bill/receipt. On such like averments, the complainant has prayed for directing the opposite party to return his laptop.

2. Upon notice, Sh.Anup Gautam Advocate appeared on behalf of opposite party but did not file any written reply inspite of number of opportunities afforded to it for this purpose. Consequently, the opposite party was debarred from filing any written reply vide order dated 29.4.2015. Subsequently, counsel for the opposite party absented himself from the proceedings and as such it was proceeded against exparte.

3. In support of his complaint, complainant has tendered into evidence affidavit Ex.CA alongwith copies of documents Ex.C1 to Ex.C3 and closed evidence.

4. We have carefully gone through the record and also heard the complainant in person.

5. According to the complainant, he gave his laptop valued at about Rs.15,000/- to opposite party for repair on 4.2.2012 but opposite party has not returned the laptop to him till date. Further according to the complainant, he served notice upon the opposite party and opposite party asked him to come to his shop and in order to cheat him wrote not possible on the bill/receipt issued by it. In support of his version, the complainant has tendered his affidavit Ex.CA and receipt Ex.C1 wherein it is mentioned that "received Dell Laptop for repairing only". It is dated 4.2.2012. The complainant also served notice dated 19.5.2014 Ex.C2 upon the opposite party requesting it to return his laptop after repair within 10 days. Ex.C3 is postal receipt in respect of the notice. Further according to the complainant, the opposite party in order to cheat him, wrote not possible on his bill/receipt Ex.C1. The opposite party appeared through counsel but did not file any written reply rebutting the allegations of the complainant. So it means that it has nothing to say in the matter. So from the unrebutted evidence adduced by the complainant, his version stand proved. Non returning of the laptop of the complainant which was received by opposite party for repair tentamounts to unfair trade practice and deficiency in service.

6. In view of above discussion, the present complaint is accepted and opposite party is directed either to return the laptop of the complainant in fully repaired condition to him within 15 days from the date of receipt of copy of this order or in the alternative to refund its price i.e Rs.15,000/- to him. The complainant is also awarded Rs.3000/- in lump sum on account of compensation and litigation expenses. Copies of the order be sent to the parties free of costs under rules. File be consigned to the record room.

Dated Parminder Sharma Jyotsna Thatai Jaspal Singh Bhatia

19.05.2015 Member Member President