By Shri. M.P.Chandrakumar, Member :    

          The case of the complainant is that he had purchased a Dell Computer from the 1^st opposite party as per retail invoice no B, dated 13-11-13  for Rs.34,503/-. The computer was not working from  September 2015. On informing the matter to 1^st opposite party, the technicians of the opposite party inspected the computer and promised to rectify the defects.  However, since the defect was not rectified, the complainant again approached the opposite party in the matter. Accordingly, the 2^nd opposite party took away the computer on 13-10-15.  But, the same has not been returned yet, rectifying the defects. The computer contains several important data’s. The act of the opposite party, in not returning the computer yet after rectifying the defects, is deficiency of service and unfair trade practice. The complainant has therefore sent a lawyer notice to the opposite parties on 12-02-2016 but of no remedy. Hence the complaint filed with prayers to  direct the opposite parties  to refund the cost of the computer, to direct the opposite parties to hand over the data’s in the computer to the complainant and also sanction compensation and cost.

          2) In the version filed, the opposite parties state that when the complainant handed over the computer to the opposite parties, he merely stated that the computer is not working and hid the fact that the computer has physical damage.  The opposite parties further states that before servicing the computer, 1^st opposite party had taken the consent of the complainant that unless the computer is formatted, the opposite parties cannot proceed further, even for rectification  and advised to take back the data  from the computer. The computer has sustained damages due to the carelessness and gross negligent use by the complainant. The computer needs serious repairs for which the complainant has to make payment towards the spare parts. But, since the complainant was not willing, he was directed to take back the computer for which also he was not willing. The computer in question was a three year old computer and the damage to the computer is not due to any manufacturing defect. After using the computer rough and tough by the complainant for nearly two and a half years, the complainant has filed a false   complaint before the Forum and making illegal demands. There is no deficiency of service or unfair trade practice on the part of the opposite parties. Opposite parties are not responsible for the loss of data in the computer. The opposite parties further submit that the Reliance Store has been closed due to the policy decision of the management. Considering all the above, the complaint may be dismissed with costs.

          3) The points for consideration are

                   1. Is there any deficiency of service on the part of the opposite

                        parties?

                   2. If so, compensation and costs.

          4) Evidence consists of proof affidavit filed by the complainant and also evidences marked as Exts. P1 to P4. The opposite parties have neither filed any counter proof affidavit nor any documents. Ext. P1 is the invoice dated 13-11-13 for Rs.34,503/ -, issued by 1^st opposite party; Ext. P2 is the job sheet  dated 13-10-2015;  issued by 2^nd opposite party;  Ext. P3 is the lawyer notice and Ext. P4 is the postal receipt.

          5) The Forum has gone through all the details relating to the complaint. As against the arguments raised by the complainant, the opposite parties have raised several allegations in the version filed .The Forum is of opinion that in the above circumstances, the opposite parties were bound to prove the allegations to the Forum. However, the opposite parties have not done so, even failing to produce any documents or at least filing even an affidavit. As such we are bound to believe that even the opposite parties admit that the complaint filed is genuine.  We are thus bound to think in favor of the complainant. Admittedly the complainant could use the system for two years without complaints.

          6) In the result, the complaint is allowed. The opposite parties are directed to refund Rs.30,000/- (Rupees Thirty thousand only) towards  the cost of the computer considering the usage of two years and, in addition Rs.3,000/- (Rupees Three thousand only) as compensation and costs. The 2^nd opposite party, with whom the computer is now available, is directed to hand over all the data’s in the computer to the complainant. The above orders should be implemented within a month of the date of receipt of this order.

            Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 31^st day of July 2018.

          Sd/-                                                                 Sd/-

M.P.Chandrakumar                                             P.K.Sasi,                         

Member                                                               President.                                     

                                       Appendix

Complainant’s Exhibits

Ext. P1 invoice dated 13-11-13 for Rs.34,503/ -

Ext. P2  job sheet  dated 13-10-2015

Ext. P3 lawyer notice

Ext. P4 postal receipt.

                                                                                                      Id/-

                                                                                                 Member