Punjab

Faridkot

CC/16/68

Kuldeep Singh - Complainant(s)

Versus

Rakesh R.P Computer Center - Opp.Party(s)

Lakhwinder Singh Dhillon

01 Nov 2016

ORDER

        DISTRICT  CONSUMER  DISPUTES  REDRESSAL  FORUM,  FARIDKOT

 

Complaint No. :        68

Date of Institution :   8.03.2016

Date of Decision :     1.11.2016

 

Kuldeep Singh s/o Sh Mehar Singh r/o Aman Nagar, Old Cantt Road, Faridkot, Tehsil & District Faridkot.

   .....Complainant

Versus

Rakesh R.P. Computer Centre, Jatinder Chowk, Faridkot.                    ...OP

 

Complaint under Section 12 of the

Consumer Protection Act, 1986.

 

Quorum:     Sh. Ajit Aggarwal, President.

Sh P Singla, Member.

Present:       Sh Vikas Tandon, Ld Counsel for complainant,

 Sh Pardeep Singh Atwal, Ld Counsel for OP.

 

(Ajit Aggarwal , President)

                             Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against OP seeking directions to OP to repair the  Laptop of complainant and for also directing OP to pay Rs 20,000/- as compensation for mental agony and harassment and mental agony suffered by him.

2                            Briefly stated, the case of the complainant is that laptop of complainant became defective and he approached OP for getting repaired the same. Complainant asked OP to install the window and submitted his laptop to OP, who assured to do the same. Complainant alongwith his son visited the shop of OP to take back his laptop and gave Rs.200/-for uploading window, but OP did not give any receipt for payment taken from him. When complainant checked the said laptop after reaching home, he found that web camera of his laptop was changed and its frame was also broken. Hard disc present in said laptop was also changed. As the laptop of complainant was imported therefore, OP removed the imported parts from it and replaced the imported ones with country made ones of poor quality and thereby caused loss of about Rs.4000/-to complainant.When complainant reported the matter to OP, he started quarrelling with him and asked complainant to do whatever he likes. Complainant made many requests to OP to do the needful but all in vain. Thereafter, complainant issued legal notice dated 11.02.2016 to OP, whereby requested OP to repair his laptop with original imported parts removed by him to which he gave reply dated 24.02.2016 vide which he denied all the allegations of complainant. Complainant made many requests to OPs regarding laptop in question but OPs did not do the needful and all his efforts to get it repaired bore no fruit and complainant has suffered great harassment and mental tension due to this act of OP, which amounts to deficiency in service and trade mal practice on the part of OP and due to this complainant has prayed for seeking direction to Op to pay Rs 20,000/- as compensation for mental agony and harassment etc  and Rs 5000/- as litigation expenses besides the main relief. Hence, the complaint.

3                         The Counsel for complainant was heard with regard to admission of the complaint and vide order dated 11.03.2016, complaint was admitted and notice was ordered to be issued to the opposite party.

4                                On receipt of the notice, OP filed reply through which he has denied all the allegations levelled by complainant being wrong and incorrect and asserted that there is no deficiency in service on the part of answering OP. OP further asserted that complainant approached him with defect in his laptop and complainant asked him to install window in same. OP kept the laptop of complainant with him for installation of window and also brought to his notice, that there is some breakage in the frame of laptop. After installing the window, answering OP returned the laptop of complainant to him after thorough checking by him. It is further asserted that complainant even did not make payment of Rs.200/-for installing the window to his laptop and on request by OP to complainant, complainant gave only Rs.50/-to answering OP. OP has totally refuted the allegation of complainant regarding change of web camera and hard disc and of removing imported parts from his laptop. It is submitted by counsel for OP that OP is an honest person and is thoroughly loyal towards his duties and he has not made such act of removing parts from the laptop of complainant. He has reiterated that there is no deficiency in service on the part of answering OP and all the other allegations and allegation with regard to relief sought too have been denied being wrong and incorrect and prayed for dismissal of complaint.

5                         Parties were given proper opportunities to lead evidence to prove their respective pleadings. The complainant tendered in evidence his affidavit Ex.C-1 and documents Ex C-2 to 8 and then, closed the evidence.

6                             The OP tendered in evidence his affidavit Ex.OP-1, affidavit of Deepak Sharma Ex OP-2 and documents Ex OP-3 to 11 and then, closed the evidence on behalf of OP.

7                            Ld Counsel for complainant vehementally argued that laptop of complainant became defective and he approached OP for getting installed the window in same. Complainant asked OP to install the window and submitted his laptop to OP, who assured to do the same. Complainant alongwith his son visited the shop of OP to take back his laptop and gave Rs.200/-for uploading window, but OP did not give any receipt for said payment  and when complainant checked the said laptop after reaching home, he found that web camera of his laptop was changed and its frame was also broken. Hard disc present in said laptop was also changed. As the laptop of complainant was imported therefore, OP removed the imported parts from it and replaced the imported ones with country made parts of poor quality and thereby caused loss of about Rs.4000/-to complainant. When complainant reported the matter to OP, he started quarrelling with him and asked him to do whatever he likes. Complainant made many requests to OP to set right his laptop but all in vain. Complainant issued legal notice dated 11.02.2016 to OP and requested him to repair his laptop with original imported parts removed by him to which he gave reply dated 24.02.2016 vide which he denied all the allegations of complainant. Complainant made many requests to OPs to do the needful, but all his efforts to get it repaired bore no fruit and complainant has suffered great harassment and mental tension due to this act of OP, which amounts to deficiency in service and trade mal practice on the part of OP and due to this complainant has prayed for accepting the present complaint.

8                            To controvert the allegations of complainant, ld counsel for OP asserted that there is no deficiency in service on the part of OP and he has denied all the allegations levelled by complainant being wrong and incorrect and asserted that complainant approached him with defect in his laptop and asked him to install window in same. OP kept the laptop of complainant with him for installation of window and also brought to his notice, that there is some breakage in the frame of laptop. After installing the window, answering OP returned the laptop of complainant to him after thorough checking by him. It is further asserted that complainant even did not make payment of Rs.200/-for installing the window to his laptop and on request by OP to complainant, complainant gave only Rs.50/-to answering OP. OP has totally refuted the allegation of complainant regarding change of web camera and hard disc and of removing imported parts from his laptop. It is submitted by counsel for OP that OP is an honest person and is thoroughly loyal towards his duties and he has not made such act of removing parts from the laptop of complainant. He has reiterated that there is no deficiency in service on the part of answering OP and all the other allegations and allegation with regard to relief sought too are refuted with prayer to dismiss the complaint.

9                            The case of the complainant is that he gave his laptop to OP for installation of window. After installation of window, OP returned the said laptop to complainant and charged Rs.200/-from him without giving any receipt. On reaching home, when complainant checked his laptop, he found that web camera of his laptop was changed, its frame was broken and hard disk of his laptop was also changed. Complainant brought before the Forum that his laptop was an imported one and while installing window, OP removed the costly parts from it and replaced the said imported costly parts  with poor quality substandard country made ones. All this amounts to deficiency in service and trade mal practice.  

10                              We have heard learned counsel for parties and have very carefully perused the affidavits & documents placed on the file by complainant as well as opposite party. After careful observation of the record placed on file and evidence led by parties, it is observed that it is the admitted fact that complainant gave his laptop to OP for installation of window. Complainant made payment of Rs.200/-of which OP gave no receipt, which on the face of it amounts to trade mal practice. Complainant has produced sufficient and cogent evidence to prove his pleadings. The act of OP in removing the web camera and changing the hard disc from the laptop of complainant amounts to total deficiency in service and has caused harassment and mental agony to him.

11                        We are of the considered opinion that there is deficiency in service and unfair trade practice on the part of OP. Hence, the present complaint is allowed and OP is ordered to make payment of Rs.4,000/-to complainant for loss suffered by him. Opposite Party is further directed to pay Rs.3500/-to complainant as consolidated compensation for harassment and mental agony suffered by him including litigation expenses. Compliance of this order be made within one month of receipt of the copy of the order, failing which complainant shall be entitled to proceed under Section 25 and 27 of the Consumer Protection Act. Copy of the order be supplied to parties free of cost as per law. File be consigned to the record room.

Announced in open Forum:

Dated: 01.11.2016

                   Member                          President

                    (P Singla)                       (Ajit Aggarwal)