D.o.F: 24/08/2013

D.o.O:30/11/2013

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                          CC.NO.199/13

                  Dated this, the 30th   day of   November 2013

PRESENT:

SMT.P.RAMADEVI           : PRESIDENT

SMT.BEENA K.G               : MEMBER

SMT.SHIBA.M.SAMUEL    : MEMBER

H. Abdul Khader , S/o Hamsa,

Eriyal, Azad Nagar,                                          : Complainant

P.O-Kudlu – 671124, Kasaragod.

(in person)

Sadiq, S/o K.A.Assainar Moideen,

Bismilla Manzil, P.O-Kudlu,                               : Opposite parties

Kasaragod.(Exparte)

                                                                                           ORDER

     SMT.SHIBA.M.SAMUEL    : MEMBER

    The gist of the  case of the complainant is as follows:

  The complainant has entrusted his computer for repair to the opposite party.  After inspection, opposite party told  him that  the mother board of the computer was faulty and taken the computer with mother board, laptop, Ram DVD player from his house to opposite party’s shop. The complainant had entrusted it one year back.  Eventhough the complainant approached opposite party to return the same, opposite party had retained it and the children  of the  complainant who are students suffered due to the negligent acts of the opposite party which resulted in mental pain and financial loss to the complainant hence the complaint.

2.   Notice to opposite party issued by registered post.  Though it was served on him, he remained absent hence opposite party had to be set exparte.

3.  complainant filed proof affidavit in support of his claim and no documents has been produced by him.

4.  Complainant as PW1 in his proof affidavit stated that he had entrusted his computer to opposite party for repairing the same.  As per his affidavit, at the time of giving the computer for repairing opposite party told the complainant  that mother board of the computer was faulty and hence the complainant entrusted computer for repair one year prior to his complaint.  Even after his repeated request the opposite party was refused to give repaired  computer due to his deficiency  of service, the children of the complainant who are students had difficulty and thereby sustained great mental pain and financial loss for a  tune of Rs.15,000/-.

    There is no explanation forth coming from the opposite party against the evidence rendered by the complainant.

   Therefore we hold that the opposite party committed deficiency  of service  and hence he is liable to pay an amount of  rs.15,000/- for the loss sustained by  the complainant and with interest @ 8%  from the  date of complaint till payment with a cost of Rs.3000/- time for compliance is limited to 30 days from the date of receipt of copy of order.  Failing which the opposite party shall be further liable to pay interest @12% for Rs.15,000/- from the date of complaint  till  date of payment.

MEMBER                                                   MEMBER                                                      PRESIDENT

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