SRI NAYANANANDA DAS, MEMBER:-
Unfair trade practice against the Op. party for the non-repair and non-delivery of complainant’s laptop are the allegation arrayed against the Opp. party.
Complainant is a nutshell reveals that complainant on dt.06.02.2014 to repair his laptop went to the shop of the OP in the address which is described in the complainant petition. Complainant after discussion with staff of the OP handed over the said Laptop to the OP for its repair and ready to pay the agreed amount Rd.3,000/- to Rs.3,500/- as cost of the repair of the laptop. On assured date of delivery of the laptop when complainant made contact with staff of OP, he came to know that the laptop has been to its company for replacement mother board may cost to the tune of Rs. 8000/- to Rs.12,000/- which was objected by the complainant. Further the complainant informed the OP that if the mother board is changed the OP has to furnish the original guarantee card of the mother board along with original money receipt. But the Op did not supply the laptop rather assured to deliver the laptop at complainant residence. It is further stated that after lapse of a fortnight one staff of the OP arrived in the residence of the complainant to deliver the laptop. when said laptop was checked and verified, it is found that keyboard along with other parts are the said condition. The delivering boy after a telephonic discussion with their higher officials take back the laptop.Thereafter complainant being a Govt. servant has visited many times to the workshop of the OP by spending money from his own pocket and the OP did not deliver the laptop by taking different pleas.Complainant finding no other alternatives took the shelter of this Forum with prayer that he has sustained financial loss for not availing the laptop in time and expenses towards traveling, along with compensation for mental agony and Rs. 20,000/- for cost of litigation.
Notice was sent to the OP through Regd. Post with AD which was returned with postal remark ‘refused’ on dt. 13.02.15. Hence, notice is sufficient against the OPP. party.
As no-appeared on behalf of the OP, we heard the ex-pa rate submission of complainant which is recital of the complainant petition.The complainant , during course of his submission further pointed out that on dt.11.03.15 he filed a petition before this Forum that a staff of the OP namely Prakash arriver on the residence of the complainant and demanded the invoice of the purchase of laptop(sony) -Model-VCP-E1322EN, with SL.NO.7002609 for further action in this regard.As the dispute was pending before this Forum, Complainant refused to hand over the invoice of laptop to the staff of the Opp-party.
Apart from the complaint petition on security of case record it is seen that complainant has filed a self attested photo copy of the ‘acknowledgement receipt’ issued by the OP in name of ‘MOBILE REPAIR CENTER’ showing the receive of the laptop on dt. 06.10.14 for tits due repair. It is also observed from the said acknowledgement receipt that the service center is functioning at the adress’‘ SPRIMON Technolofics’ B-16, Saheed Nagar, Bhubaneswar-751007(Orissa).
As the dispute raised by the complainant is not challenged, this Forum accepts the version of the complainant unilaterally with addition to the documents like ‘ acknowledgement receipt’ and the petition of the complaint dt.11.03.15. As per complaint petition the cost of repair of the laptop varies from time to time. In this circumstance, it is difficult to determine the cost of repair in absence of any clear and specific coat in connection to repair of the said laptop. Equally we are in dark regarding replacement of mother board and its cost as alleged by the complainant.Hence , we are of the opinion that the OP has adopted an unfair trade practice by not delivering the laptop in time further by demanding extra money in place of agreed amount from a ‘consumer’ who had ‘promised’ to pay the agreed amount on receipt his laptop in good condition. The acts of OP definitely caused financial loss and mental agony to the complainant for which he should be compensated.
Having observations reflected above it is directed that OP wil deliver the laptop to complainant of the same model as described in our aforesaid observation in good running condition and up to the satisfaction of the complainant if not delivered earlier. It is also directed that on receipt of the laptop in good running condition complainant will pay RS. 3,000/-(Rupees three thousand)only as cost of the repair of the laptop. It is also directed that OP will pay RS. 2,000/- (Rupees two thousand) only as compensation for financial loss and mental agony to the complainant along with Rs. 500/- (Rupees five hundred) only as cost of litigation in toto RS 2,500/-(two thousand five hundred)only. The said compensation and litigation amount will be deducted from the complainant’s due to be paid for repairing of the laptop to the OP. The order is to be carried out within one month of receipt of this order. violation of order by any parties will carry a fine of RS. 50/- (Rupees fifty) only per day.
Complainant is allowed in part with cost on ex-pa rate.
Pronounced in the open Court, this the 30th June,2015.
