DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST

       GOVT. OF NCT OF DELHI

CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.

CC No: 37/2017

D.No.__________________          Date: ________________

IN THE MATTER OF:

SHIV CHANDER S/o SH. KAILASH MEHTO,

R/o D-12 B, PRAVESH NAGAR COLONY,

MUBARAK PUR DABAS, DELHI-110086.… COMPLAINANT

Versus

KAUSHIK COMPUTER SOLUTION (P) LTD.,

BHOOTON WALI GALI, GRM COMPLEX,

GROUND FLOOR, NANGLOI,

DELHI-110041. … OPPOSITE PARTY

CORAM:SH. M.K. GUPTA, PRESIDENT

               SH. BARIQ AHMED, MEMBER

     MS. USHA KHANNA, MEMBER

                                                Date of Institution: 09.01.2017

                                                Date of decision:29.04.2019

SH. M.K. GUPTA, PRESIDENT

ORDER

1.       The complainant has filed the present complaint against OP under Section 12 & 14 of the Consumer Protection Act, 1986 therebyalleging that on 06.11.2015, the complainant bought a Desktop from A-Tech Computers and paid Rs.15,500/- vide invoice no.14/687 with one year warrantee and after warrantee period the

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          said Desktop got faulty and in this regard to remove the said problem, on 19.12.2016 the complainant contacted to OP and requested to OP to remove the said problem and the official of OP received the Desktop and at the time of taking the said faulty Desktop the official/worker of OP assured to the complainant to return the said Desktop in good running condition within four days and charged Rs.300/- for it. Thereafter, the complainant approached to OP after four days and the complainant was shocked when the official of OP denied to handover said Desktop and the complainant visited many times at the service center of OP and requested to OP to repair the Desktop but all the requests of the complainant had fallen in deaf ears and the complainant further alleged that the complainant has suffered a loss and there is deficiency in service and unfair trade practice on the part of OP.

2.       On these allegations the complainant has filed the complaint praying for direction to OP to refund the invoice amount i.e. Rs.15,500/- alongwith interest from the date of handing over the said Desktop as well as compensation of Rs.50,000/- for causing him mental pain, agony, damages and harassment. The complainant also sought Rs.1,100/- towards cost of litigation.

3.       Notice was issued to OP through speed post for appearance on 16.03.2017and as per track report notice to OP could not be delivered with remarks ‘item delivery attempted Door Locked

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          intimation served’ and as such OP has been proceeded ex-parte vide order dated 16.03.2017.

4.       In order to prove his case, the complainant filed his affidavit in evidence and also filed written arguments. The complainant has also placed on record copy of visiting card of OP for repair of Desktop and charging of Rs.300/- by OP from the complainant and copy of retail invoice no. 14/687 dated 06.11.2015 issued by A-Tech Computers for a sum of Rs.15,500/- for purchasing computer.

5.       This forum has considered the case of the complainant in the lightof evidence and documents placed on record by the complainant.The case of the complainant has remainedconsistent and undoubted. There is nothing on record to disbelieve the case of the complainant. The complainant has made so many complaints and also personally visited & requested to OP but OP did not repair the computer nor refunded the amount of the computer which proves the deficiency in service on the part of OP. Moreover, it appears that even after receiving notice ofthis case from this forum,OP has kept mum and has not bothered to answer the case of the complainant. It also shows that OP has no defence at all.

6.       On perusal of the record, we find that the complainant delivered his faultycomputer toOPfor repair and also paid Rs.300/- and the representative of OP collected the computer from the complainant

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          on 19.12.2016 vide job card dated 19.12.2016 and assured to return the repaired computer to the complainant but OP failed to return the Desktop/Computer to the complainant. Thus, the case of the complainant is proved. We accordingly hold OP is guilty of unfair trade practice and deficiency in service.

7.       Accordingly, OP is directed as under:

i)        To pay to the complainant an amount of Rs.14,000/- being the depreciated price of Desktop.

ii)       To pay to the complainant an amount of Rs.5,000/- as compensation towards mental agony and harassment caused to the complainant.

iii)      To pay to the complainant an amount of Rs.1,100/- towards cost of litigation.

8.       The above amount shall be paid by OP to the complainant within 30 days from the date of receiving copy of this order failing which OP shall be liable to pay interest on the entire awarded amount @ 10% perannum from the date of receiving copy of this order till the date of payment. If OPfails to comply the order within 30 days from the date of receiving copy of this order, thecomplainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.

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9.       Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.

Announced on this 29^th day of April, 2019.

BARIQ AHMED                           USHA KHANNA M.K. GUPTA

(MEMBER)                        (MEMBER)                         (PRESIDENT)

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