By Sri. MOHAMED ISMAYIL C.V., MEMBER.
The averment of the complainant is as follows:-
1. The complainant is an Animation Higher Diploma holder and was working as a Creative Director in U.A.E and experienced with many projects in Dubai and Abudabi. Due to Covid -19 pandemic situation, the complainant was compelled to leave UAE and returned to India. After reaching at native place, the complainant was used to undertake assignment on contractual basis through online. Later the complainant was assigned with a project by the company in Dubai. The complainant was used to carried out his work with the help of laptop, model GL704GW-DS76 manufactured by ASUS (RTX Series 2070 Graphics Card, i 7 processor, 16 GB RAM, 512 GB M2 (Hard Disk) 1 TB SSD 17 Inch Screen) ROG (Republic of Gamers Mode). The laptop of the complainant has two hard disks and price of the laptop was 2000 USD (Rs. 2,00,000/-) when the project work was completed half part, the secondary hard disk got disconnected while rendering heavy files, resulting stuck of rendering. The hard disk drives were missing when viewing with file explorer, but after restart missing drives were shown. So in order to avoid anxious moments at the time of doing assignment, the complainant had approached the opposite party and handed over the laptop for rectification. On 21/09/2022, the laptop was entrusted with the opposite party and defects of the laptop was explained. The technical expert of the opposite party assured of rectification of defects. At the same time, the urgency of the completion of rectification work was convinced the opposite party by the complainant. But even after the rectification work, same complaint was continued. The technical expert of the opposite party even inspected the laptop by removing hard disk from the laptop and using another hard disk of the opposite party. It is alleged by the complainant that the opposite party had done service of the laptop in a defective manner sustaining damage while screwing and motherboard also became damaged. It is averred that the technician of the opposite party had admitted that motherboard of the laptop became defective while opening the system. It is further alleged that due to defective and unskilled performance of the technician of the opposite party, the laptop of the complainant suffered additional defects. The opposite party agreed to cure the defects on the very next day by using senior expert technician. But the opposite party did not hand over the laptop after repair work. The opposite party did not complete repair work by explaining lame excuses. So the complainant was compelled to hire a laptop from Oberon mall, Ernakulam for the payment of Rs. 8,000/- as rent. Due to the deficient service of the opposite party, the complainant could not complete his assignment within the stipulated time. It is pleaded that the complainant had repeatedly approached the opposite party to take back the laptop after repair of its defects but the opposite party negligently treated the need of the complainant. The opposite party did not rectified the defects of the hard disk and also not replaced motherboard, which became defective due to poor performance of the technician of the opposite party. It is pleaded that the motherboard of ASUS laptop cost of Rs. 1,50,000/-(Rupees One lakh and fifty thousand only). Later, due to persistent request of the complainant, the managing director of the opposite party agreed to replace mother board within one week of time. But the opposite party did not take any step to redress the grievance of the complainant. It is alleged that the opposite party had attempted to use second hand motherboard and hard disk in the laptop of the complainant. Due to the compulsion made by the complainant on 27/12/2022, the managing director of the opposite party issued as written undertaking to the complainant stating that the defects of the laptop would be cured within 15 days. The opposite party used letter head of his another shop named QUBEFIX and seal of the service centre at Manjeri was affixed on it. But so far, the opposite party did not handover the laptop to the complainant. So the complainant was compelled to purchase another laptop for Rs. 1,50,000/-. It is alleged that due to the deficient act of the opposite party, the complainant could not undertake new assignment and also failed to complete the assignment already undertaken by him. It is alleged that the opposite party has committed unfair trade practice by unauthorisedly keeping the laptop of the complainant for more than one year of period causing financial loss, mental agony, hardship and inconvenience to the complainant. The mother board was damage solely due to the negligence of the opposite party. The opposite party did not make repair work even after interfere of police authority. The complainant had posted a review of the incident on google map but the opposite party demanded to withdraw the post if the complainant want to get repaired the laptop from them. So the complainant has prayed for the following reliefs from the opposite party:- To direct the opposite party to replace the defective motherboard with a new one manufactured by ASUS and also repair the defects of Hard disk or pay Rs. 2,00,000/- as the cost of the laptop, to direct the opposite party to pay Rs. 1,50,000/- as the cost of the mother board, to direct the opposite party to pay Rs. 1,00,000/- as compensation for the injury caused due to unauthorised custody of the laptop from 21/09/2022 onwards, to direct the opposite party to pay Rs. 8,000/-as the rental charge paid for hiring a laptop from Ernamkulam, to direct the opposite party to pay compensation of Rs. 2,00,000/- for the sufferings of mental agony, hardship. The complainant also prayed for a direction to the opposite party to pay Rs. 25,000/- as cost of the proceedings.
2. On admission of the complaint notice issued to the opposite party. But the opposite party did not turn up, though received notice. So the Commission set the opposite party as exparte. The Commission proceeded the matter with evidence of the complainant alone.
3. The complainant filed affidavit in lieu of evidence. The documents of the complainant is marked as Exts. A1 to A6 documents. Ext. A1 document is the job sheet dated 21/09/2022 issued by the opposite party to the complainant. Ext.A2 document is the letter of undertaking dated 27/12/2022 issued by the opposite party to the complainant. Ext. A3 document is the copy of petition submitted before Manjeri Police Station by the complainant. Ext. A4 document is the copy of tax invoice dated 28/01/2023 showing the purchase of a new laptop for Rs. 1,47,000/-. Ext. A5 document is the copy of order confirmation letter of Amazon showing the purchase of subject laptop. Ext. A6 document is the copy of purchase bill dated 13/05/2019. No documents available from the side of the opposite party.
4. Heard the complainant in detail. Perused documents and affidavit thoroughly. The Commission considered the following points to adjudicate the matter:-
- Whether the acts of the opposite party is amounted to deficiency in service or unfair trade practice?
- Relief and cost?
5.Point No.(i) & (ii):-
The Commission is considering both points together as those are correlated to each other. The complainant is represented by his Power Attorney Holder named Shaji M, who filed the complaint and adduced evidence for and on behalf of the original complainant. The grievance of the complainant is that he had entrusted his laptop worth Rs. 2,00,000/- to the opposite party for repair work of the hard disk. The complainant has produced Ext. A1 document is that regard. But instead of repairing the defect, the opposite party damaged motherboard of the laptop too. It is also alleged by the complainant that the opposite party did not return the laptop so far. Even though the complainant made persistent request for return of laptop after repairing the defects, no action was taken by the opposite party to deliver the same to the complainant. The act of the opposite party caused financial loss, mental agony and hardship to the complainant. It is argued by the complainant that he was compelled to purchase another laptop as per Ext. A4 document in order to complete his assignment as a Creative Director. There is no contra evidence available in this case.
6. In the evaluation of evidence, it has come out that the acts of the opposite party caused financial loss, mental agony and hardship to the complainant. Being a Creative Director and holder of Animation Diploma Course, a laptop is an inevitable part of his profession. It is find that the laptop of the complainant became defective due to improper and negligent repair work of the opposite party. It is argued by the complainant that, he had made a lot of attempts to get back the laptop after its repair work. The laptop was entrusted with the opposite party on 21/09/2022 as a precautionary measure to prevent further complication to the hard disk. But the inefficient and unskilled repairing work of the opposite party damaged the motherboard of the laptop. Ext. A3 document would show that the complainant had made effort to get back the laptop through the intervention of the police, but the opposite not heeded to the lawful demand of the complainant. Moreover, the opposite party had issued Ext. A2 document to the complainant by making assurance of return of laptop after repair work. Ext. A1 and Ext. A2 documents would show that laptop is in the custody of the opposite party. The Commission find that keeping of laptop for an indefinite period without rectifying its defect amounted to deficiency in service on the part of the opposite party. The opposite party was liable to return the laptop after completion of repair work. But the opposite party failed to do so. The act of opposite party caused financial loss, mental agony and hardship suffered by the complainant. So the opposite party is liable to pay compensation for the loss, mental agony and hardship of the complainant.
7. According to the complainant, the subject laptop was worth Rs. 2,00,000/-. Ext. A5 and Ext. A6 documents produced by the complainant would show that the cost of the laptop was paid in foreign currency as the complainant had worked at abroad during time of purchase of laptop. The Commission find that defects to the laptop was occurred in the year 2022 and it would be not fair to make an order to rectify the defect of the subject laptop as the model year of the laptop is changing day by day. So the Commission is directing the opposite party to refund Rs.2,00,000/-to the complainant as the cost of the laptop along with interest at the rate of 9% per annum from 21/09/2022 till the date of this order. Moreover the opposite party is liable to pay Rs. 50,000/- to the complainant as compensation for the sufferings of mental agony and hardship caused due to the act of the opposite party. The opposite party is also liable to pay Rs. 10,000/- to the complainant as cost of the proceedings. But at the same time the Commission find that the complainant has failed to prove the allegation of loss of earning and the amount spent for hiring of the laptop from Ernamkulam. In the light of the discussion made above, the Commission allow the complaint in the following manner:-
- The opposite party is directed to pay Rs.2,00,000/- (Rupees Two lakh only) to the complainant as the cost of the subject laptop with interest at the rate of 9% per annum from 21/09/2022 till the date of the order.
- The opposite party is directed to pay Rs. 50,000/-(Rupees Fifty thousand only) to the complainant as compensation for the sufferings of mental agony and hardship due to the act of the opposite party.
- The opposite party is directed to pay Rs. 10,000/- (Rupees Ten thousand only) to the complainant as cost of the proceedings.
The opposite party shall comply this order within 30 days from the date of this order otherwise entire amount shall carry interest at the rate of 9% per annum from the date of this order till the date of realisation.
Dated this 30th day of April, 2024.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A6
Ext. A1 : Document is the job sheet dated 21/09/2022 issued by the opposite party
to the complainant.
Ext. A2 : Document is the letter of undertaking dated 27/12/2022 issued by the
opposite party to the complainant.
Ext. A3: Document is the copy of petition submitted before Manjeri Police Station
by the complainant.
Ext. A4: Document is the copy of tax invoice dated 28/01/2023 showing the
purchase of a new laptop for Rs. 1,47,000/-.
Ext. A5: Document is the copy of order confirmation letter of Amazon showing the
purchase of subject laptop.
Ext. A6: Document is the copy of purchase bill dated 13/05/2019.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
