OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KAMRUP,GUWAHATI
C.C.54/2016
Present:-
1) Md. Sahadat Hussain, A.J.S. - President
2) Smti Archana Deka Lahkar - Member
3) Md. Jamatul Islam - Member
Mr Banjit Borah -Complainant
S/O- Nitul Kumar Bora
R/O- H.No-6, Lokabondhu Nagar
Kahilipara,P.S- Dispur,Guwahati-781019
Kamrup Metro,Assam
-VS-
Mr Sarbjit Singh -Opp.Party
Proprietor/Owner, Representing National Institute of Servicing
R.K.Nath Complex,2nd floor, Lachit Nagar
Opp.Hanuman Mandir ,Guwahati-07
Appearance:-
Ld.advocate Ms Bhaswati Saikia for the complainant .
Date of oral argument - 08.03.2018
Date of judgment - 23.03.2018
JUDGMENT
This is a complaint U/S- 12 of the Consumer Protection Act, 1986.
1.The complaint filed by Sri Banjit Bora against Sarbjit Singh, owner of National Institute of Servicing , Lachitnagar,Guwahati was admitted on 24/06/2016 and notice was served upon the opp. party but the opp. party failed to take steps after 02/06/2017 and accordingly as per this forum’s order dtd.05/07/2017 the case against the opp. party is proceeding on exparte . Thereafter complainant filed his exparte evidence on affidavit and his counsel Ms Bhaswati Saikia filed written argument on 10/01/2018 and forwarded exparte oral argument on 08/03/18 and today we deliver the exparte judgment which is as below
2.The complainant , being a businessman had purchased a laptop bearing model No-DELL INS(N5010) from DATAMATION -The Technology Shop on 03/12/2010 at a consideration of Rs.51,000/- but the said laptop become non functioning on 01/07/2015 within warranty period and the same was taken to the opp. party on 02/07/2015 who is the servicing agent of DELL company and same was kept by opp. party giving a visiting card but the opp. party failed to deliver the laptop to him and when on 18/12/2015 he visited the office of the opp. party , the latter endorsed another visiting card to the effect that the laptop got problem of no display. Thereafter, he on 08/03/2016 visited the opp. party and opp. party gave assurance in writing pad that he will deliver the laptop within 15 days but on that day he failed deliver the laptop and also failed to keep his promise of providing a new laptop and there by caused mental agony to him and committed deficiency of service . Hence , he prays for directing the opp. party to pay him the price of the laptop i.e. Rs.51,000/- and also to pay compensation of Rs.1,00,000/- for causing loss of business to him as well as Rs.50,000/- as damages for mental pain and agony.
3. We have perused the pleading and evidence of the complainant and it is found that , the complainant had purchased one laptop bearing model DELL INS(N5010) for business purpose at a price of Rs.51,000/- .
He stated that , the said laptop became non functioning on 01/07/2015 and he deposited the said laptop to the opp. party on 02/07/2015 for repairing but opp. party failed to return the same after repairing. From, Exhibit-4 it is seen that Sri Sarbjit Singh ,the Proprietor of National Institute of Servicing ,Lachitnagar,Guwahati on 08/03/2016 gave a written promise in his official pad and seal to the complainant that he would return the laptop in working condition within 15 days from the day of 08/03/2016 (day of writing the promise letter) in working condition and if he failed to do so he willavail a new laptop of saying configuration to the complainant. This letter proves that the complainant had delivered his laptop to the opp. party on 02/07/2015 for repairing as opp. party is the service centre of DELL company but he failed to return the laptop although complainant approached them on 18/12/2015, 08/03/2016 . Thus, it is established that the complainant had delivered his laptop to the opp. party for repairing as the opp. party is service centre of DELLcompany but the opp. party neither repaired the said laptop nor deliveredit to the complainant . Therefore, we hold that, the complainant is entitled to get back his laptop from the opp. party in workable condition. But it is found that the laptop concerned has not been returned to the complainant either in workablecondition or in non functioning condition which infers that the opp. party either lost the said laptop or damaged it while he tried to repair it. Therefore , the complainant is entitled to get the price of the said laptop which is Rs.51,000/- according to retail invoice submitted by him vide Exhibit-1.
4. By the act of non functioning of the laptop and non repairing the laptop the opp. party , as per our opinion , caused certain amount of business loss to the complainant and also caused mental agony to him. Therefore he is liable to pay atleast Rs.10,000/- to the complainant as compensation . The opp. party also liable to pay another amount of Rs.5,000/- as cost of proceeding.
5.Summing up our discussion as above, we hold that the complainant has a prima facie case against the opp. party Sri Sarbjit Singh ,The Proprietor of National Institute of Servicing, Lachitnagar,Guwahati which he has succeded to established.
Accordingly the complaint is allowed on exparte and the opp. party is directed to pay Rs.51,000/- which is the price of the concern laptop , to the complainant and also to pay him Rs.10,000/- as compensation for causing business loss and mental agony to him as well as Rs.10,000/- as cost of the proceeding . He is directed to pay the awarded amount within 45 days , in default, the amounts shall carry interest @12% per annum.
Given under our hands and seals on this day of 23rd March,2018.
(Smt Archana Deka Lahkar) (Md.Jamatul Islam) (Md.Sahadat Hussain) Member Member President
