THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.
C.C.250/2013
Dated this the 30th day of October 2013.
( Present: Sri. G. Yadunadhan, B.A., LLB. : President)
Sri. L. Jyothikumar, B.A., LLB. : Member
Smt.Beena Joseph, M.A : Member
ORDER
By L.Jyothikumar, Member:
The petition was filed on 15.06.2013. The case of the complainant is that he had entrusted his COMPAQ PRESARIO LAPTOP(Model No.V3225) to the opposite party on 15.06.2011 for repair. Opposite party had assured that the same will be repaired within two weeks. The cost of the Laptop was Rs.30,500/-. It was purchased on 20/07/2007. Complainant had approached the opposite party for several times to get the same delivered. But opposite party did not take any steps to return the Laptop. The complainant is alleging deficiency of service on the part of the opposite party and also requesting to direct the opposite party to refund the purchase amount, with interest and compensation. Hence this petition is filed seeking relief.
Notice sent to the opposite party was served. Opposite party was called absent and set exparte on 20.08.2013. The only point for consideration is whether the complainant is entitled for any relief sought in the petition. The complainant was examined as PW1 and Exts. A1 and A2 were marked on the complainant’s side.
Even though the complainant had approached the opposite party for several times to get the Laptop delivered , no steps was taken by him. More over opposite party had not appeared before this forum even after serving the notice, which shows the arrogant nature of the opposite party. From the evidence and exhibits the case of the complaint is proved. We are of the opinion that there is a deficiency in service on the part of the opposite party. Hence the complainant is entitled for relief.
In the result the petition is partly allowed. Considering the age of the Laptop we are of the opinion that opposite party has to pay compensation of Rs.15,000/-(Rupees fifteen thousand only) along with cost of Rs. 1,000/-(Rupees one thousand only) to the complainant. Opposite party is directed to pay the amount to the complainant within one month of receipt of the order, failing which the complainant is entitled for Rs.20/- per day till realization.
Pronounced in the open court this the 30th day of October 2013.
Date of filing:15.06.2013
SD/-PRESIDENT SD/-MEMBER SD/-MEMBER
APPENDIX
Documents exhibited for the complainant:
A1. Call acceptance for repair dtd.15.06.2011.
A2. Retail invoice cash receipt for Rs.31,720/- dtd.28.07.2007.
Documents exhibited for the opposite party:
Nil
Witness examined for the complainant:
PW1.Ra;jeesh.K.V.(Complainant.
Witness examined for the opposite party:
None
Sd/-President
//True copy//
(Forwarded/By Order)
SENIOR SUPERINTENDENT
