Bihar

Gaya

CC.No. 53/2015

Rohit Kumar - Complainant(s)

Versus

Sunny Kumar, Pro.S.R Enterprises - Opp.Party(s)

Pradeep Kumar

26 Jul 2018

ORDER

DISTRICT CONSUMER FORUM, GAYA
BIHAR
 
Complaint Case No. CC.No. 53/2015
( Date of Filing : 28 Oct 2015 )
 
1. Rohit Kumar
New Godown, Gaya
...........Complainant(s)
Versus
1. Sunny Kumar, Pro.S.R Enterprises
River Side Road, Gaya
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Ramesh Chandra Singh PRESIDENT
 HON'BLE MR. Syed Mohtassim Akhtar MEMBER
 HON'BLE MRS. Sunita Kumari MEMBER
 
For the Complainant:Pradeep Kumar, Advocate
For the Opp. Party:
Dated : 26 Jul 2018
Final Order / Judgement

 

 

 

 

 

 

 

 

 

In the court of District Consumer Forum, Gaya

Consumer Complainant Case No. - 53 of 2015

 

        Rohit Kumar .......Complainant

                            V/s
Proprietor, S.R. Infotech, laptop Showroom, Riverside Road, Gaya and others..... Opposite parties.

 

Present:
 1. Shri Ramesh Chandra Singh..... President

 2. Syed Mohtashim Akhtar....Male Member

 3. Smt. Sunita Kumari ....Female Member

 

Dated:-26.07.2018                        Shri Ramesh Chandra Singh..... President

                                                ORDER
Then instant cases in filed by the complainant Rohit Kumar against the opposite party Proprietor S.R Infotech and others for deficiency in service as they have not replaced or repaired the Laptop purchased by the Complainant. The complainant has claimed cost of laptop and ₹20,

                              2. In brief the case of the complainant is that he had purchased a Laptop of Dell company from the shop of opposite party number 1 authorised dealer of Dell company on 20 April

 

                                                                   CC.No.-53 of 2015

 

 

 

technical fault so he inform the opposite party number 1, but he failed to resolve his problem. Then Opposite Party number 1 adviced to contact Opposite party number 2 and 3 and therefore, Opposite Parties No.  2 and 3 sent an Engineer to sort out the technical problem on 23rd September succeed.Then he suggested to change the same as there is technical problem in the set on 4th October O.Ps. It is, therefore, due to negligence and harassing attitude of   of the Opposite
parties the Complainant suffered loss of, ₹33,

                             3. After duly service of notice the opposite party number 1 appeared, but opposite Party number 2 and 3 did not appear, so ex Parte hearing was preceded against them.
                          4.  In Written Statement the opposite party number 1 has stated that the complainant regarding the alleged problem of the Laptop was given on 17th August

 

                                                                    CC.No.-53 of 2015

 

 

 

                        5. In order to prove the case the complainant has filed evidence on affidavit and documents.

                        6. The point of decision before this Court is whether the complainant has been succeeded to prove the deficiency in service on part of Opposite Parties.

                        7. It appears from perusal of Retail Invoice number

                           8. Under circumstances considering the Evidences on Affidavit of both parties and the documents produced by the Complainant we are of the opinion that the Opposite Parties have deliberately and intentionally has not replaced the Laptop purchased the Complainant of Dell company and due to their this negligent attitude the

 

                                                                    CC.No.-53 of 2015

 

 

 

 

complainant has suffered so much mental agony and physical harassment .We, therefore, direct the opposite parties to replace the purchased Set  of Laptop by the complainant by the Opposite parties or return the cost of the said Laptop to the complainant with interest at the rate of 8% per annum from the date of purchase and they are also directed to pay compensation ₹5,

 

                        Dictated and corrected

 

 

Female Member           Male Member                      President

Sunita Kumari                    Syed Mohtashim Akhtar        Ramesh Chandra Singh

 
 
[HON'BLE MR. Ramesh Chandra Singh]
PRESIDENT
 
[HON'BLE MR. Syed Mohtassim Akhtar]
MEMBER
 
[HON'BLE MRS. Sunita Kumari]
MEMBER

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