BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,

ERNAKULAM.

Date of filing : 21/01/2011 Date of Order : 30/11/2011

Present :-

Shri. A. Rajesh, President.

Shri. Paul Gomez, Member.

Smt. C.K. Lekhamma, Member.

C.C. No. 42/2011

Between

And

O R D E R

C.K. Lekhamma, Member.

1. Shortly stated, the complainant's case is as follows :

The complainant is conducting a computer service centre for earning his livelihood by means of self-employment. He had entrusted his personal laptop for repairing to the opposite party on 13-04-2010. The opposite party had agreed to return the laptop after repairing within 2 weeks from the date of entrustment. But it was not returned even after repeated requests. Finally, the opposite party had agreed to replace the laptop on 09-10-2010 and letter was sent to him to that effect. But it was not returned so far. Thus, the complainant has been deprived of the laptop facility. The inordinate delay occurred in returning the laptop after repairing amounts to deficiency of service. The complainant is entitled to get refund of the price of the laptop and Rs. 10,000/- as compensation for the loss of laptop facility along with litigation costs. Hence this complaint.

2. The version of the opposite party :

The laptop under dispute was entrusted with the opposite party early on 05-03-2010 for repair work with work order No. 2554. The same was detected with problems of mother board and display cables. The complainant insisted the opposite party only to replace the cables and not to change the mother board. After changing the cables, the machine was returned to the complainant on 25-03-2010. On 13-09-2010, the complainant again approached the opposite party alleging some new problems since the problem was still with the mother board the opposite party advised the complainant to change the same. The opposite party replaced its parts in the presence of the complainant and satisfied with the same, the complainant took back the machine. Thereafter a few months later, the complainant informed the opposite party that the machine was not working and brought it back to the office of the opposite party and requested to replace the mother board. The demand was refused by the opposite party as by that time the machine has undergone several other repair works with other service people. But the complainant was not ready to return back the laptop. The opposite party requested directly and through phone to take back the machine. But he did not do so. Thereafter, the opposite party sent the machine on courier to the complainant on 29-12-2010 but it was returned back to the opposite party with an endorsement the 'party refused to accept the same'. On 07-02-2011, a lawyer notice was issued to the complainant and no reply was sent. But the complaint is filed before the Forum suppressing the above facts.

3. The complainant and the opposite party represented through the counsel on both sides. The complainant and the opposite party adduced only documentary evidence. Exts. A1 to A3 were marked on the side of the complainant and Exts. B1 to B4 were marked on the side of the opposite party respectively. We have head the respective counsel.

4. The points that arose for consideration are the following :

1. Whether the complainant is entitled to get back the laptop under dispute from the opposite party?

2. Compensation and costs, if any?

5. Point Nos. i. and ii. :- According to the complainant the disputed laptop was entrusted with the opposite party for repairing on 13-04-2010, but the same is not returned till date. The opposite party refutes the averments of the complainant.

6. Ext. A1 is the copy of invoice of the disputed laptop dated 10-12-2008. Ext. A2 is the copy of laptop receipt dated 13-09-2010 issued by the opposite party and Ext. A3 is the copy of the letter issued to the complainant in which the seal of the opposite party is affixed. It is stated that “you can send us representative and collect your laptop Toshiba on 09-10-2010”. The opposite party contended that they have received the disputed machine for repair as per the work order No. 2554 on 05-03-2010 and the same had returned on 25-03-2010. And after few months, the complainant again entrusted the laptop to the opposite party. It seems that the submission of the opposite party is not tallying with Ext. B1 document. The opposite party did not dispute the genuineness of the said document. Ext. B1 is the copy of receipt, one is the receipts of Trackon Couriers and other and the other is the delivery challan issued by the opposite party in which the date mentioned is 29-12-2010 and the work order number shown is 2554. Hence, we are of the opinion that the complainant has entrusted his laptop with the opposite party on 13-09-2010 as per Ext. A2 receipt. Eventhough the opposite party was ready to hand over the laptop to the complainant as evident from Exts. B2 and B4 notices, there is inordinate delay in issuing the same. Naturally during this period, the complainant was deprived of enjoying the benefits out of the disputed machine for which the opposite party is answerable. Hence, the opposite party is liable to pay compensation to the complainant due to their deficiency in service. The compensation fix at Rs. 5,000/-. And the complainant is entitled to get back the machine from the opposite party. We are not ordering any costs of the proceedings, since we have already ordered compensation.

7. Accordingly, we partly allow the complaint as follows :-

 

 

 

1. The opposite party shall forthwith return the disputed laptop to the complainant.

2. The opposite party shall pay Rs. 5,000/- as compensation to the complainant for the reasons stated above.

The order shall be complied with, within a period of one month from the date of receipt of a copy of this order, failing which the amount shall carry interest at the rate of 9% p.a. from the date of complaint till realisation.

Pronounced in open Forum on this the 30^th day of November 2011.

Sd/- C.K. Lekhamma, Member. Sd/- A. Rajesh, President.

Sd/- Paul Gomez, Member.

Forwarded/By order,

Senior Superintendent.

A P P E N D I X

Complainant's Exhibits :-

Opposite party's Exhibits :-

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