Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 593.
Instituted on : 04.12.2018.
Decided on : 08.11.2019.
Rudra Kumar s/o Sh. Dharam Raj Kundu R/o H.No.1150/21, Prem Nagar, Gali No.5R, Rohtak.
………..Complainant.
Vs.
Expert Solution, Appu Ghar, Near Shopping complex, Rohtak through its Proprietor.
……….Opposite party.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. RENU CHAUDHARY, MEMBER.
MS. TRIPTI PANNU, MEMBER.
Present: Complainant in person.
Ms. Manisha Sindhu, Adv.for opposite party.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Present complaint has been filed by the complainant with the averments that complainant is a student and also a web developer. Complainant had purchased a Dell Inspiron 5557 Laptop with original Window-10 with configuration of 16 GB Ram, AMD Radeon 4B Grapic Card with Intel Basic Driver containing intel i7(6th generation) with 2 GB Hard Disc space for a sum of Rs.80000/-. That after completing the warranty period, the flickering problem was started in the said laptop. So complainant approached to the respondent’s shop for check-up of laptop as the respondent is doing repairing work of laptops. That respondent told that it is a power cable problem and complainant got changed the power cable after receiving an amount of Rs.150/- from the complainant on 10.11.2018. But after 2-3 days the complainant started facing the same problem. That complainant again approached to respondent’s shop and respondent told that he will replace the cable and the complainant had to pay Rs.700/-. Complainant gave consent for the same but after few days the respondent told that there is problem in LED screen. But after some days he stated that there is problem in Intergerated Circuit, likewise in graphic card. The complainant gave consent for the same and respondent changed paper LED and display card of laptop and have charged an amount of Rs.4500/- vide bill No.848 dated 28.11.2018. But after repair, it was found that the whole data of laptop was deleted and window was also corrupt. The respondent offered to install pirated version of window-10 after charging Rs.500/- from the complainant but he refused for the same. That respondent has caused internal and external damage to the laptop of complainant during repairing and even after repairing of laptop, it completely stopped working and now it has become useless. The complainant requested the opposite party either to repair the laptop again or to pay the cost of his laptop or to supply a new laptop as the laptop in question was damaged during the repairing but the same was refused by the opposite party. That the act of opposite party is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite party may kindly be directed to supply new laptop of same configuration and also to pay an amount of Rs.15000/- as compensation on account of causing mental agony and harassment and Rs.5000/- as litigation expenses to the complainant.
2. After registration of complaint, notice was issued to the opposite party. Opposite party appeared and filed its written reply submitting therein that complainant firstly approached the respondent on 09.11.2018 to purchase a power cable for his laptop and paid Rs.150/- in cash. Lateron, the complainant again visited to the shop of the respondent on 15.11.2018 alongwith his defective laptop mentioned in the complaint, having some display problem i.e. blank screen, then on its checking the respondent advised the complainant to change the display cable and paper LED, which were replaced on the consent of complainant and Rs.4500/- were charged. That in the last week of November 2018 the complainant again complained about some blinking in the display of screen and on checking it was found that it was due to some fault in mother board of the laptop in question, even the complainant was told that the data of the laptop is also deleted due to said problem in motherboard, but the complainant refused to pay the repair charges. That respondent did not give any warranty or guarantee for his repair as done on 15.11.2018 but the complainant has filed the present complaint without any cause of action. It is also submitted that the laptop in question was an old used and outdate version laptop not more than Rs.15000/-. There is no deficiency in service on the part of answering respondent and dismissal of complaint has been sought.
3. Learned counsel for the complainant in his evidence tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C3 and has closed his evidence on dated 05.03.2019. On the other hand, ld. Counsel for the opposite party made a statement that reply already field on behalf of OP be read in evidence and closed his evidence on 10.09.2019.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. After going through the file and hearing the parties it is observed that complainant firstly approached the opposite party for repair of laptop on 09.11.2018 and paid Rs.150/- in cash. Lateron, the complainant again visited to the shop of the respondent on 15.11.2018 and thereafter on 28.11.2018 and paid Rs.4500/- for the repair of laptop in question but despite repeated repairs by the opposite party, the defects could not be removed. As per complaint and affidavit filed by the complainant opposite party used some duplicate parts, due to which it became permanently defective and the laptop in question is a waste item lying with the opposite party and is not repairable. Hence there is deficiency in service on the part of opposite party. As per copy of bill placed on record as Annexure-A, the laptop was purchased for a sum of Rs.75420/-. The complainant has used the same for two years. Hence the complainant is entitled for refund of price after 50% depreciation.
6. In view of the facts and circumstances of the case, complaint is allowed and we hereby direct the opposite party to refund the 50% amount i.e. Rs.37710/-(Rupees thirty seven thousand seven hundred and ten only) and Rs.3000/-(Rupees three thousand only) as litigation expenses to the complainant within one month from the date of decision. However, as per statement dated 17.07.2019, laptop in question is already in the possession of opposite party.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
08.11.2019
…………………………………..
Nagender Singh Kadian, President
…...........................................
Renu Chaudhary, Member.
..........................................
Tripti Pannu, Member.
