IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No.CC/54/2018
Date of Filing: 26/03/2018 Date of Final Order: 10/12/2018
Complainant: Smt. Anjali Banerjee
H/O Jayanta Adhikari
Kalibari Road, PO & PS – Kandi
Dist-Murshidabad, Pin-742137
-Vs-
Opposite Party: E World M.S. Somnath Dutta
Kalabagan, PO & PS – Kandi,
Dist-Murshidabad, Pin – 742137
Agent for the Complainant: Sri.Barun Kr. Banejee
Agent/Advocate for the Opposite Party: In Person
Present: Sri Asish Kumar Senapati…………………..........President.
Smt. Aloka Bandhopadhyay……………………..Member.
FINAL ORDER
ASISH KR. SENAPATI, PRESIDING MEMBER.
This is a complaint under section 12 of the CP Act, 1986.
One Anjali Banerjee (here in after referred to as the Complainant) filed the case against the E-World M.S-Somnath Dutta (here in after referred to as the OPs) praying for compensation alleging deficiency in service.
The sum and substance of the complaint case is as follows
The Complainant purchased one CPU on payment of Rs.9,280/- on 05.02.16 from the OP as per estimate dated 02.01.16 and assured that the OP will repair the CPU if necessary within 3 years. The Complainant repaired the CPU twice before 30.12.17. On 30.12.17 the Complainant took the CPU to the OP as it was not responding and the OP assured him to repair the CPU within 30 days. It was Informed to the Complainant that motherboard was required to repair. On 24.01.18 the OP informed the Complainant that the CPU and other parts required to repair and the cost of repair would be Rs.6,000/ – - 7,000/-. The husband of the Complainant raised a protest and the OP misbehaved with the husband of the Complainant who is a senior citizen. Ultimately, the Complainant filed an application before the Consumer Affairs Department on 12.02.18 but of no result. The Complainant prayed for a direction upon the OP to pay Rs.42,780/- as compensation.
The OP contested the case by filing written version dated 21.11.18, stating that the allegations against the OP are not correct. It is the specific case of the OP that no data of the CPU has been lost and the guarantee period of the Computer has been mentioned in the invoice submitted by the Complainant (Annexure-B/1). There is no deficiency in service.
On the basis of the above versions following points are framed for proper adjudication of the case :
Points for decision
- Are the Complainants consumers under the provision of the CP Act, 1986?
- Has this Forum jurisdiction to entertain the complaint?
- Is there any deficiency in service on the part of the OP, as alleged ?
- Are the Complainants entitled to get any relief, as prayed for?
Point No.1
The Agent of the Complainant submits that the Complainant is a consumer as the Complainant purchased the CPU from the OP and the OP is duty bound to render service for repair/replacement of the parts of the CPU for keeping it for working condition within warranty period.
The OP submits that the Complainant purchased the CPU from E-World on payment and he has never denied to repair the CPU but he has asked the Complainant to pay the charge of repair as the warranty period of one year was over.
Having gone through the written complaint, evidence and documents filed by the Complainant and written version filed by the OP, we find that the Complainant is a consumer. Hence, this point is answered in favor of the Complainant.
Point No.2
The Complainant submits that the cause of action arose within the territorial jurisdiction of this Forum and the claimed amount is also within pecuniary limit of the District Forum.
On a careful consideration over the materials on record, we find that the cause of action arose within the territorial jurisdiction of this Forum and this Forum has pecuniary jurisdiction to entertain the complaint. Both the points are thus disposed of.
Point Nos.3&4
The Agent of the Complainant submits that the OP has harassed the Complainant and has failed to repair the Computer in spite of receiving the same on 31.12.17 (Annexure-C). It is contended that the OP agreed to pay Rs.3000/- to the Complainant at the time of mediation before the Assistant Director, Consumer Affairs & Business Practice, Murshidabad Regional Office on 08.03.18 but the OP has denied the said fact in his written version. It is urged that the OP assured the Complainant that the warranty period of the CPU was 3 years but the OP has denied the said fact afterwards. He argues that there is deficiency in service and the O.P. is liable to pay compensation of Rs.42,780/- to the Complainant for deficiency in service.
In reply, the OP submits that he informed the Complainant/Husband of the Complainant that Hard Disk, SMPS and DVD Righter are required to be replaced and he agreed to share a portion of the cost of repair as he sold the item but the Complainant was not agreeable to make the Computer repair on payment of any charge. The OP has filed an undertaking stating that he will install Hard Disk, SMPS and DVD if the Complainant paid only Rs.5,00/- to him. He contends that the cost of repair is about Rs.3,000/- and he will not claim the rest amount of Rs.2,500/- from the Complainant. He further argues that he will install Hard Disk, SMPS and DVD in the CPU and is ready to hand over the CPU to the Complainant in running condition and the Complainant may check the CPU at his shop to know whether the CPU including DVD writer is running properly or not.
In reply, the Agent for the Complainant submits that the Complainant is not willing and ready to pay any amount to the OP against repair as the OP is duty bound to return the CPU to the Complainant in running condition after repair.
Perused the documents on record, we have also considered the submission of both sides. Admittedly, the Complainant purchased the CPU on payment of consideration from the OP and the Complainant has failed to submit any document to establish that the guarantee period of the CPU was 3 years. It is clear from the submission of both sides that the OP repaired the CPU free of cost and the defect for the last time was detected on 30.12.17 i.e. about 2 years after the date of purchase. The OP claimed Rs.500/- for service charge to repair the CPU and he is ready to replace/repair Hard Disk, SMPS and DVD but the Complainant is not agreeable to pay Rs.500/-. The OP has submitted that the cost of Hard Disk, SMPS and DVD is about Rs.3,000/-.
Considering the facts and circumstances, we find that the Complainant has failed to establish any deficiency in service on the part of the OP but the O.P. was ready to repair/replace 3 items, namely, Hard Disk, SMPS and DVD writer on receiving payment of Rs.500/- from the Complainant and it is the submission of the OP that the cost of Hard Disk, SMPS and DVD is about Rs.3,000/-.
Considering the above facts, we think that the OP may be directed to pay Rs.2,500/- to the Complainant by cheque/DD/Cash within 15 days from the date of this order and he may be directed to return the CPU received by him against receipt No.3 dated 31.12.17 to the Complainant within 15 days on proper acknowledgement. The Complainant may be directed to get back his CPU deposited with the OP against receipt No.3 dated 31.12.17 from E-World within 15 days from the date of this order.
Reasons for delay
The Case was filed on26.03.18 and admitted on 24.04.18 . This Forum tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act,1986. Delay in disposal of the case has also been explained in the day to day order..
In the result, the complaint case succeeds in part.
Fees paid are correct. Hence it is
Ordered
that the complaint Case No. CC/54/2018 is hereby allowed on contest against
the OP without any cost.
The OP be directed to pay Rs.2,500/- to the Complainant by cheque/DD/Cash within 15 days from the date of this order.
He also be directed to return the CPU received by him against receipt No.3 dated 31.12.17 to the Complainant within 15 days on proper acknowledgement.
The Complainant be directed to get back his CPU deposited with the OP against receipt No.3 dated 31.12.17 from E-World within 15 days from the date of this order.
Let plain copy of this order be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand /by post under proper acknowledgment as per rules, for information and necessary action.
The Final Order will also be available in the following Website:
confonet.nic.in
Dictated & corrected by me.
President.
Member President.
