D.O.F:17/12/2021

                                                                                                  D.O.O:24/06/2022

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION KASARAGOD

CC.No.241/2021

Dated this, the 24^th day of June 2022

PRESENT:

SRI.KRISHNAN.K                         :PRESIDENT

SRI.RADHAKRISHNAN NAIR.M : MEMBER

SMT.BEENA.K.G                            : MEMBER

Sreekant.P.K

Pozhuthala House

Karichery Kolathur P.O                                                         : Complainant

Chengala Kasaragod

                                                            And

1.  Dileep V

Digisess Computer Service

Chattanchal, Thekkil P.O

Chengala, Kasaragod – 671541

2. Manager

Laptop Clinic, 4^th Floor

Above Old Kalayan Sarees Musthafa Centre,                   : Opposite Parties

Thalap, Pamban Madhavan Road, Kannur

3. Managing Director

Noronana Tech

Room No: 63, DD Milestone,

Kadavanthra

Kochi, Eranakulam - 682020

ORDER

SMT.BEENA.K.G: MEMBER

     The brief facts of the complainants case is that the display panel of  his laptop is broken and is given to Opposite party No:1 to cure the defects on 15/09/2021.  The aforesaid laptop is purchased 1½ years back by giving Rs. 75,000/-.  As the Opposite party No:1 had no display with him then, he has given the same to Opposite party No:2 on 4/10/2021.  The Opposite party No:2 after examining the laptop demanded two weeks time to cure the defects and the estimated repair charge  is Rs. 12,000/- .  The complainant agreed the same.  After two weeks Opposite party No:2  again contacted the complainant and sought two weeks further time and the repair charge informed is 15,000/- now.  Thereafter also Opposite party No:2 again sought two weeks further time and informed the repair charge as 18,000/- .  The complainant was constrained to approach Opposite party No:2 many times get back the repaired laptop.  But Opposite party :2 failed to repair and deliver the laptop instead he behaved in a rude manner.  The lethargic attitude of Opposite party No:2 caused huge loss and severe mental agony to the complainant.  Hence the complainant prayed either to repair and return the old laptop or give a new laptop with a compensation of Rs. 1,00,000/- . 

            Notice to Opposite party No:1 and 3 served.  Notice to Opposite party No:2 is returned after giving intimation. Name of Opposite parties called set exparte.

            The complainant filed proof affidavit in lieu of chief examination the documents produced is marked as Ext A1. The question raised for consideration are

1. Whether there is deficiency in service or unfair trade practice on the part of Opposite parties?
2. If so what is the relief?

     For convenience issue No:1 and 2 can be discussed together.

     Here the complainant had a laptop purchased 1 ½ years back for Rs. 75,000/- the display panel of the said laptop is broken.  The complainant approached Opposite party No:1 with the aforesaid laptop to cure the defect but he had no display with him at that time. So he entrusted the work to Opposite party No:2.  The Opposite party  No:2 after  examining the laptop demanded two weeks time for repair and informed the repair charge as Rs.12,000/-.  Thereafter Opposite party No:2 sought further two weeks time for repair and the charge is also increased from Rs. 12,000/- to Rs.15,000/-.  The laptop is neither repaired nor returned so far.  Ext A1 document is produced by the complainant to prove his case.  Ext A1 is the acceptance report Dt: 04/10/2021. The complainant contacted Opposite party No:2 many times to know the progress of the repair works but he behaved in a rude manner .   Ext A1 proves that there is gross deficiency in service  and  unfair trade practice.  In the absence of rebuttal evidence we are of the view that due to the deficiency in service on the part of Opposite party No:1 and 2 complainant suffered loss and mental agony.  The prayer of the complainant is either to repair and deliver the old laptop or to give a new laptop.

   Therefore the complaint is allowed directing Opposite party No:2 to repair and deliver the old laptop within one month or give a defect free new laptop .  The Opposite party No: 2 are further directed to give a compensation of Rs. 20,000/- (Rupees Twenty Thousand only) to the complainant.

      Sd/-                                                    Sd/-                                                      Sd/-

 MEMBER                                          MEMBER                                           PRESIDENT

Exhibit

A1- Acceptance report

     Sd/-                                                       Sd/-                                                     Sd/-

MEMBER                                           MEMBER                                           PRESIDENT

Forwarded by Order

                                                                                    Assistant Registrar

Ps/