IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated this the 17th day of November, 2023
Present: Sri.Manulal.V.S, President
Smt.Bindhu.R, Member
Sri.K.M.Anto, Member
CC No. 227/2022 (Filed on 28/10/2022)
Complainant : P.M. Pradeep,
Parayil House,
Perumbaikadu P.O,
Kottayam – 686 016.
(By Adv: G. Ajith Kumar)
Vs.
Opposite party : The Proprietor,
Xeon Computer Centre,
Kumaranelloor P.O,
Kottayam – 686 016.
(By Adv: George Joseph)
O R D E R
Sri. K.M. Anto, Member
The complaint is filed under Section 35 of the Consumer Protection Act 2019.
The brief of the complaint is as follows.
The complainant had given a Dell Laptop to the opposite party for repair on 13/08/2022. The opposite party had done the repair of the same laptop before one year. After five days the opposite party informed over phone that it was not possible to repair the laptop by them and had to send to Kottayam for repair. The complainant disagreed for this and informed that he would take back the laptop. Accordingly, the complainant took the laptop, and when it was brought to home the complainant’s daughter said that the laptop was changed. The complainant informed the opposite party immediately that the laptop had been changed. The opposite party directed to bring the laptop, and promised to verify their CCTV. After two days they informed that this is the laptop given for repair. The complainant refused to accept the laptop. The complainant had given a complaint before the Gandhi Nagar Police Station but the opposite parties claimed that the laptop was not changed. The issue was not solved at the Police Station. The laptop of the complainant is 4 years old and was given to him by his brother. The laptop contains data of the brother and his daughter. The data of complainant’s daughter and her study projects were also in the laptop. The complainant’s daughter has passed M.A and is looking for a job. The daughter of the complainant had passed 2 sections of an interview for a post in Techno Park. The materials for the interview were kept as a project in the laptop and she could not prepare properly for the interview, and failed in the third section of the interview. If any terrorist data is installed or anything related to any crime were stored in the laptop, the complainant afraid that he would be in a danger situation. The complainant had faced much mental agony and hardships by the act of the opposite party. This complaint is filed for getting a new laptop and Rs 40, 00,000/- as compensation along with Rs 25,000/- as cost for this litigation.
On admission of the complaint, copy of the complaint was duly served to the opposite party. The opposite party appeared and filed their version. The version of the opposite party is that the opposite party is not legally liable to do the repair of the laptop. The statement of the complainant that the laptop is only 4 years old is not correct. On checking the details of the laptop, through internet with the model No.N5010, it was found that the said laptop was DELL INSPIRON N5010 with serial No. BFBG6BS, date of shipment 17/03/2011 and date of purchase 27/04/2011 with Windows 7 Professional system. The photograph, details and warranty card of the laptop of the complainant are to be produced and the hard disc is to be examined. It is evident that the complainant is trying to get a new laptop against the 10 year and 8-month-old laptop. The complainant is trying to get undue claim by narrating the sentiments about his daughter before the Commission. The complaint is not sustainable and is liable to be dismissed.
The complainant filed proof affidavit and marked documents Exts. A1 to A3. The opposite party filed proof affidavit; no documents filed by the opposite party.
On the basis of the complaint, version of the opposite party and evidence adduced, we would like to consider the following points :.
- Whether there is deficiency in service, or unfair trade practice on the part of the opposite party ?
- If so, what are the reliefs and costs?
POINTS 1 & 2 :-
On going through the complaint and version of the opposite party, it is evident that the complainant had given a laptop to the opposite party for repair on 13/08/2022. The said laptop was returned to the complainant without doing the repair work by the opposite party as demanded by the complainant. Then the complainant alleged that the returned laptop was not the one which was given to the opposite party for the repair on 13/08/2022. The complainant then returned the said laptop to the opposite party. The only evidence adduced by the complainant is the Ext.A1, copy of the petition submitted before the Gandhi Nagar Police Station and Ext.A2 receipt issued by Gandhi Nagar Police Station. These only establish the fact that the complainant had raised the complaint of change of Laptop. Even though the complainant alleges that the laptop contains data of his brother and his daughter, her study projects and the opposite party might have installed data relating to terrorist activities or relating to some criminal activities, the complainant failed to do the examination of the laptop and to get an expert opinion. On going through the available evidence, it is evident that the complainant failed to prove that the laptop produced by the opposite party is not the one given by him for repair with cogent evidence. The complainant failed to prove any deficiency in service on the part of the opposite party and the complaint is liable to be dismissed.
The complaint is dismissed.
Pronounced in the Open Commission on this the 17th day of November, 2023
Sri.K.M.Anto, Member Sd/-
Sri.Manulal.V.S, President Sd/-
Smt.Bindhu.R, Member Sd/-
APPENDIX :
Exhibit from the side of the Complainant :
A1 - Copy of Acknowledgement Receipt of petition issued
from Gandhi Nagar Police Station, dated 02/09/2022
A2 - Copy of complainant’s petition dated 02/09/2022
addressed to the SHO, Gandhi Nagar Police Station,
Kottayam
A3 - Copy of settlement note between the complainant and
the opposite party before the Gandhi Nagar Police Station
Exhibit from the side of Opposite party :
Nil
By Order,
Sd/-
Assistant Registrar
