SRI. SAJEESH.K.P : MEMBER
This is a complaint filed by the Complainant under Sec.35 of the Consumer Protection Act 2019 for an order directing the OP to hand over laptop after proper repair or pay the amount of Rs.55950/-, the purchase price of the laptop and to pay Rs.50,000/- as the compensation for mental agony.
The complainant in brief :-
The complainant had purchased a lap top on 17/1/2019 from Nikshan Electronics for the purpose of his son’s studies. It was used for about 2 years by complainant’s son and thereafter store charging issues occurred with lap top. The lap top lost is capacity to store charge while it is unplugged. During the pandemic complainant’s son was absolutely depending the laptop for his studies. Due to the inconvenience caused by losing charge and complainant’s son being a doctor , he couldn’t afford his studies without laptop. Complainant took it to the OP on December 2021. On 10/12/2021 complainant entrusted laptop for repair to complainant and OP gave an acceptance report without signing by him since in the report it was stated that scratched/ damages/ breakages yes” which was not an issue to complainant’s laptop. Even if the complainant’s high demand of rectifying the charging issue of laptop without any delay the OP never delivered the laptop after rectifying the defect. Hence this complaint.
After filing the complaint, notice was issued to OP. OP received the notice and not appeared before the commission and not filed any version. The commission had to held that the OP had no version as such in this case came to be proceed against the OP as exparte.
Even though, the opposite party has remained ex-parte, it is for the complainant to establish the allegation made by him against the OP. Hence the complainant was called upon to produce evidence in the form of affidavit and documents. Accordingly the complainant has chosen to produce his affidavit along with 3 documents marking them as Exts.A1 to A3 and complainant was examined as PW1. So the OP remained absent in this case. At the end the commission heard the case on merit.
Let us have a clear glance at the relevant documents of the complainant,Ext.A1 is the original purchase bill of the laptop. Ext.A2 is the acceptance report issued by OP to complainant and Ext.A3 is the copy of identity card of complainant’s son. As per Ext.A1, the purchase of laptop is established. Ext.A2 is the Acceptance Report issued by OP which is the sole evidence of possession of laptop by OP for repair. Eventhough the commission had given fair opportunity to represent and defend the case, OP remain absent. The complainant caused much mental agony and financial loss due to the act of the OP. There is deficiency of service and unfair trade practice on the part of the OP. Hence the commission drawn the presumption of possession of laptop by OP and OP is liable to return the laptop to complainant after rectifying the defect.
In the result the complaint is allowed in part. Commission is directing the opposite party to return the laptop after rectifying defect as collected from complainant as per Ext.A2. In default opposite party is directed to pay the cost of laptop of Rs.40,000/-. Since the lap top was used by complainant for three years. And also opposite party to pay Rs.5000/- as the compensation and Rs.2000/- as the cost of litigation to complainant within 30 days of receipt of this order, failing which the complainant shall be at liberty to execute the order as per the provisions of Consumer Protection Act 2019.
Exts
A1-purchase bill
A2- Acceptance Report
A3-Identity card of complainant’s son
Sd/ Sd/ Sd/
PRESIDENT MEMBER MEMBER
Ravi Susha Molykutty Mathew. Sajeesh K.P
eva
/Forwarded by Order/
ASSISTANT REGISTRAR
