Hon’ble Mr. Ajeya Matilal, Presiding Member
Ld. Counsel for the Appellant/Complainant is present.
Being aggrieved by and dissatisfied with Judgment dated 27.02.2020 passed by DCDRC, Kolkata, Unit-I in CC/387/2019 allowing the case ex-parte against the Opposite Party, the present Appellant preferred this Appeal.
In the impugned order the Opposite Party was directed to return the Laptop in question and refund of Rs.7575/- (Rupees Seven thousand five hundred & seventy-five) only to the Complainant along with compensation of Rs.500/- (Rupees five hundred) only for harassment and mental agony and litigation cost of Rs.500/- (Rupees Five hundred) only. The main grievance of the Appellant is that the amount of compensation is too meagre.
Heard the Ld. Counsel for the Appellant.
The complaint case is in short like that he is the owner of HP Laptop, Model: 15-AC116TX / N8M19PA Serial CND 53116H3. The Complainant faced problem in her Laptop and contacted the Opposite Party in the service centre. After inspection the Opposite Party disclosed the defect in the said Laptop and agreed to replace the defective part of the said Laptop. On 05.11.2019 the Complainant paid a sum of Rs.7575/- (Rupees Seven thousand five hundred & seventy-five) only in cash to the Opposite Party which was duly acknowledged and received by the Deponent/Opposite Party namely Rakesh Kumar who gave assurance to replace the defective parts within 2 to 3 weeks of from the date of quotation.
Subsequently, Complainant contacted the Opposite Party but Opposite Party did not take any step. So, the Complainant intimated the matter through e-mail. Finding no other alternative the Complainant filed the case.
Perused the evidence of the Complainant.
Perused the receipt along with money receipt.
Heard the submission of the Ld. Counsel.
Considered.
We find that the amount of compensation and litigation cost awarded by the Ld. Commission below is really too meagre. So, the impugned order requires modification.
Hence, it is
O R D E R E D
The Appeal No.162/2020 is allowed ex-parte without cost.
Opposite Party is directed to pay compensation of Rs.20,000/- (Rupees Twenty thousand) only to the Complainant and to return the HP Laptop, Model: 15-AC116TX / N8M19PA Serial CND 53116H3 within 30days from this order along with litigation cost of Rs.3,000/- (Rupees Three thousand) only.
The impugned Order is modified accordingly.
Let a copy of this Order be made available for both the parties free of cost.
Order of stay, if there is any, be vacated.
Thus, the Appeal being No.A/162/2020 is disposed of.
Note accordingly.