BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
VAZHUTHACAUD, THIRUVANANTHAPURAM.
PRESENT
SRI. G. SIVAPRASAD : PRESIDENT
SMT. BEENAKUMARI. A : MEMBER
SMT. S.K.SREELA : MEMBER
C.C. No. 186/2012 Filed on 12.06.2012
Dated : 31.10.2012
Complainant:
Bijeesh. W, Vijeesh Bhavan, Chirakonam Roadarikathu Puthen Veedu, Parasuvaikkal P.O.
(Party in person)
Opposite party :
The Manager, Samsung Service Centre, T.C 28/986(1), Swara-46, Sreekanteswaram, Thiruvananthapuram.
This O.P having been heard on 15.10.2012, the Forum on 31.10.2012 delivered the following:
ORDER
SMT. BEENAKUMARI.A: MEMBER
Brief facts of the case are as follows: The complainant has purchased a computer from Smart Soft on 13.01.2009. On 03.01.2012 when the monitor of the above said computer became damage, the complainant approached the authorized service centre of Samsung Company for repairing the same. Thereafter complainant approached several times to the opposite party for the monitor. On all the occasions, the opposite party told lame excuses. Complainant states that he is a college student, he meets his education expenses from the earnings of computer works. Due to the lethargic attitude of the opposite party, he lost his works and thereby he has caused financial loss also. All the attempts of the complainant failed to get back the monitor from the opposite party. Hence he approached this Forum.
In this case opposite party remained ex-parte.
Points to be ascertained:
Whether there is deficiency in service from the side of opposite party?
Reliefs and costs.
Points (i) & (ii):- Complainant had purchased a computer on 13.01.2009 from Smart Soft. Ext. P2 is the invoice. As per this document, the price of the computer is Rs. 28,735/-. On 03.01.2012 when the monitor of the computer became defective, he entrusted the monitor for repair to the opposite party, the authorized service centre of Samsung company. The manufacturer of the monitor is Samsung. Ext. P1 is the service report dated 03.01.2012. But till date the opposite party did not repair and return the monitor to the complainant. Hence this complaint. As per Ext. P2 the price of the monitor is seen as Rs. 8,400/-. Complainant states that he is a student and he meet his educational expense from the earnings from the computer works. Due to the act of the opposite party he has lost his earnings from that works. To prove his contention he has adduced evidence as PW1 and he has produced two documents, which were marked as Ext. P1 and P2. Opposite party has refused to accept the notice of this complaint and never turned to contest the case. Hence opposite party remained ex-parte. The deposition of the complainant as PW1 stands unchallenged as he has not been cross examined. From the evidences adduced by the complainant, we find that there is deficiency in service from the side of opposite party and thereby complainant has sustained mental agony and financial loss. The opposite party is liable for that loss. Hence the complaint is allowed.
In the result, opposite party is directed to pay Rs. 8,400/- to the complainant as the price of the monitor along with Rs. 5,000/- as compensation and Rs. 2,000/- as costs. Time for compliance one month from the date of receipt of the order, failing which the entire amount shall carry interest @ 12% from the date of receipt of the order till realization.
A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 31st day of October 2012.
Sd/- BEENAKUMARI. A : MEMBER
Sd/-
G. SIVAPRASAD : PRESIDENT
Sd/-
S.K. SREELA : MEMBER
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C.C. No. 186/2012
APPENDIX
I COMPLAINANT'S WITNESS :
PW1 - Bijeesh. W
II COMPLAINANT'S DOCUMENTS :
P1 - Copy of service request dated 03.01.2012.
P2 - Copy of invoice dated 13.01.2009 for Rs. 28,735/-.
III OPPOSITE PARTY'S WITNESS :
NIL
IV OPPOSITE PARTY'S DOCUMENTS :
NIL
Sd/-
PRESIDENT
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