OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KAMRUP,GUWAHATI-03
C.C.58/2017
Present:-
1) Md.Sahadat Hussain, A.J.S. - President
2) Smti Archana Deka Lahkar - Member
3) Md Jamatul Islam - Member
Shri Sashindra Kumar Adhikari -Complainant
R/O- H.No-20
Sankar Madhab Path
Manimugdha Nagar,VIP Road,
Sachal,Guwahati-781022
-VS-
1) M/S Smart Systems -Opp.party
Beltola Tiniali,Near Bank of Baroda
Guwahati-781028
Appearance:
The complainant Shri Sashindra Kumar Adhikari himself forwards his oral argument.
Date of argument - 25/06/2018
Date of judgment - 11/07/2018
EXPARTE JUDGMENT
This is a proceeding U/S- 12 of the Consumer Protection Act, 1986
1. The complaint filed by Shri Sashindra Kr Adhikari , R/O- H.No-20, Sankar Madhab Path, Manimugdha Nagar,VIP Road,Sachal,Guwahati-781022 against M/S Smart Systems, Beltola Tiniali,Near Bank of Baroda,Guwahati-781028 was admitted on 28/06/2017 as a proceeding U/S-12 of Consumer Protection Act,1986 and notice was served on the opp. party , but the opp. party did not appear; and on 01/02/2018, this forum passed an exparte order after perusing the status report . The complainant filed exparte evidence on 02/05/2018 and on 11/06/2018 the complainant filed exparte written argument. On 25/06/2018 we heard oral argument of the complainant and today we deliver the judgment which is as below.
2. The gist of the complaint is that the complainant is a reputed children writer of Assam and approved lyricist and a playwright of All India Radio , Guwahati . The complainant handed over his laptop to the opp. party for repairing in the month of August,2016 as the cooling fan and battery of the laptop was not functioning . The opp. party made a commitment that he will replace the battery with a new one as well as cooling fan of the laptop. The complainant paid an amount of Rs.6,250/- to the opp. party on 01/09/2016. After taking delivery of the laptop, the complainant found that the battery was not working and the complainant returned the laptop to the opp. party for proper repairing but the opp. party ,without repairing, delivered the laptop in November,2016 in damaged condition to him . So , again he gave the same laptop to the opp. party for proper repairing , but the opp. party did not take any response in delivering the laptop to the complainant ,and hence on 14/02/2017 a legal notice of demand was sent to the opp. party by him but the opp. party did not take any positive step to hand over the laptop to him . He paid an amount of Rs.6,250/- on 01/09/2016 as charge for repairing the laptoip to the opp. party . So he prays to direct the opp. party to make the payment of Rs.47,000/- (value of the laptop) along with Rs.18,000/- as damages suffered by him.
3. We have perused the complaint as well as evidence of complainant side . After perusing, the evidence it appears to us that the complainant handed over his laptop to the opp. party for repairing in the month of August,2016 as the cooling fan and battery were not functioning . We have perused Exhibit-1 which is the payment voucher/bill dtd. 01/09/2016 issued by the opp. pary showing an amount of Rs.6,250/- was paid to them by the complainant . The complainant states in his evidence that after taking delivery of the laptop the complainant found that the battery was not working and again he returned back the laptop to the opp. party for proper repairing but the opp. party, without repairing the laptop again delivered the same to the complainant.The complainant in his evidence further states that after asking the opp. party repeatedly over telephone, the opp. party delivered the laptop in the last week of 2016 in damaged condition, and he found that the laptop was broken and not functioning and again he gave the same laptop to the opp. party for proper repairing . The complainant, in his evidence, further states that inspite of repeated requests and demands, the opp. party did not gave any response to his request for delivering the laptop to him ,and hence, on 14/02/2017, he sent a legal notice to the opp. party but the opp. party did not take any positive steps to hand over the laptop to the complainant .
4. After perusing those statement of the complainant we have found that the complainant delivered his laptop to the opp. party first in the month of August,2016 as the cooling fan and battery of the said laptop have not functioning and on 01/09/2016 he paid Rs.6,250/- to the opp. party as price of the battery and fan to be replaced and other charges and after receiving the said amount , the opp. party without repairing the said laptop delivered it to the complainant and then complainant again deposited the said laptop to the opp. party in the month of November,2016 and after repeated requests by the complainant, the opp. party delivered the laptop to the complainant in the last week of November,2016 in damaged condition and then the complainant again deposited the same to the opp. party for repairing and in that time the opp. party neither repaired the said laptop nor delivered it to the complainant; and then being compelled the complainant served a legal notice upon the opp. party asking them to deliver the laptop to him after repairing and after receiving the legal notice the opp. party has not responds to the said notice. Thus , it is crystal clear that after receiving Rs.6,250/- from the complainant on 01/09/2016 as price of the battery and cooling fan to be replaced and the charge of repairing, the opp. party neither repaired the said laptop nor returned it to the complainant even after receiving the legal notice. So, such act is a deficiency of service on the part of the opp. party to the complainant and an act of unfair trade practice. Therefore , we are of opinion that the opp. party is liable to pay the price of the laptop i.e. Rs.47,000/- and also to return Rs.6,250/- to the complainant which they had received as repairing charge including price of the parts to be replaced and also to pay him Rs.3000/- as compensation for causing harassment to him and Rs.2,000/- as cost of the proceeding.
5. Summing up our discussion , we hold that , the complainant has succeeded to prove his case against the opp. party . Hence the complaint against the opp. party- M/S Smart Systems, Beltola Tiniali,Near Bank of Baroda, Guwahati is allowed on exparte and opp. party is directed to pay Rs.47,000/- (the price of the laptop) he deposited to them for repairing and also to return Rs.6,250/- which he had paid as repairing charge and also to pay him Rs.3,000/- as compensation for causing harassment to him as well as Rs.2,000/- as cost of proceeding . The opp. party is directed to pay the said amounts to the complainant within 45 days and in default all the amounts carry interest @6% per annum from the date of filing of this complaint (15/06/2017).
Given under our hands and seals on this 11th July,2018.
(Smt Archana Deka Lahkar) (Md.Jamatul Islam) (Md.Sahadat Hussain) Member Member President
