O R D E R
SUBHASH GUPTA, MEMBER
The complainant has filed the present complaint against the O.P. u/sec. 12 of Consumer Protection Act, 1986. The facts as alleged in the complaint are that the complainant’s HP Pavilion DV6 Laptop was given for repairs to the OP in the month of October 2013. It is alleged in the complaint that the OP has given an estimate of Rs. 7,000/- for repairing the same. However, at the time of delivery of laptop a sum of Rs.11,300/- was charged vide Invoice No.13189 dated 28.10.2013 from the complainant which was on much higher side from the given estimate. It is further alleged in the complaint that after 2 months the laptop created problems and complainant approached the OP but he was shocked when the OP flatly refused to repair the laptop in the warranty period. The complainant has further stated that a legal notice dated 19.2.2014 was issued but the OP has neither repaired the laptop nor replied the said notice and therefore has committed unfair trade practice as well as deficiency in service.
2. The complainant has prayed for directions to OP for repair of the laptop and has claimed Rs.20,000/- as compensation due to mental agony and harassment.
3. Notice of the complaint was issued to the OP who despite service neither appeared nor filed any written statement/reply to the complaint of the complainant. As such it was ordered to be proceeded Ex-parte on 02.01.2015.
4. We have gone through the complaint and the documents placed on the file. We are not in a position to comprehend that the charges made by the OP with regard to repair of laptop was on higher side especially, in view of the facts that no document of overcharging the items mentioned in the retail invoice has been filed by the complainant. It is also apparent from the invoice dated 28.10.2013 that no warranty was given by the OP as alleged in the complaint.
5. We have gone through the complaint and documents placed on the file. The complaint has not filed the estimate of Rs.7000/- given to him by the OP. The complainant has also not placed on record any documentary evidence in rebuttal to the averment of overcharging claimed by OP for repairs of the laptop as shown in the invoice placed on the file. It was the duty of the complainant to prove that the charge claimed by the OP was on higher side. In the absence of the same it cannot be said that overcharging was made by the complainant. Even otherwise, the invoice does not find the name of the complainant as such the invoice could not be linked to the complainant. It is also apparent from the invoice that no warrantee of one year was given to the complainant for repairs.
6. In view of above discussion we are of the considered view that neither unfair trade practice was adopted by the OP nor there is any deficiency in service. Therefore, complaint is dismissed.
Copy of the order be sent to the parties as per rules.
Announced on this 07th day of December,2015.
(K.S. MOHI) (SUBHASH GUPTA) (SHAHINA)
President Member Member
