Judgement dt. 10.03.2017

        This is a Complaint made by one Subrata Ghosh against Reliance retail Ltd. praying for returning the tab after repairing the same and compensation of Rs. 10000/- and litigation cost of Rs. 5000/-.

        Facts in brief are that on 20.8.15 Complainant purchased a tab on discount of Rs 3999/- Since purchase the said tab developed problem and the complainant submitted the tab on 18.11.15 for repairing but OP did not return the tab after repairing. So Complainant filed this case.

        OP filed Written Version where it is stated that the Complainant purchased a reconnect tab from authorized shop of OP at Bishnu Enclave, 229 NSC Bose Road. After using it for 3months Complainant came to the said store with a problem in the tab and OP sent the tab to authorised service center. Authorized service center informed that the charging pin of the tab has been damaged and it is handling damage for which customer has to pay Rs. 3500/- -Rs. 4000/- towards the replacement of the mother board and service charges. OP informed this fact to the complainant and subsequently it could be learnt that complainant refused to pay the charge on which OP informed the Complainant to take the tab the back. But the complainant threatened OP and did not take back tab. In the circumstance this Op has prayed for dismissal of the Complaint.

Decission with reasons

           Complainant filed affidavit-in-chief from where he has stated that Complainant purchased the tab for Rs. 3999/- OP filed questionnaire against the affidavit-in-chief of the complainant to which no affidavit-in-reply has been filed. Written Argument has been filed by both the sides.

           Main points for determination is whether complainant is entitled to the reliefs as prayed for.

           First relief of the Complainant is return of the tab after repairing of the same. In this regard from the evidence and Written Version it is clear that since complainant did not pay repairing charge so it could not be repaired. More over papers filed by the complainant are all llegible and the complainant failed to establish that the tab was under warranty and the Complainant was not required to pay any money.

         In the circumstances the best order would be to direct the complainant to take back the tab after paying the repairing charges if he desires to get it repaired or take it from OP without repaired.

          There is no material for awarding compensation and litigation cost as because the facts disclose that the conduct of complainant did not remain as expected.

Hence,

Ordered

        CC/397/2016 and the same is allowed in part on contest. OP is directed to return the tab after repairing provided complainant pays repairing charge and without repairing if repairing charge is not paid.