DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB    : PRESIDENT

Smt. PRIYA.S, BAL, LLB, MBA (HRM) :  MEMBER

Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER

Friday the 30^th  day of August 2024

CC.  CC 368/2024

Complainant

                         K.N. Rajesh Kumar,

                         Sreesannidhi,

              P.O. Chevayur,

              Calicut – 673 017.

Opposite Party

 The Manager,

 MyG Care, Pottammal Junction,

 Callicut – 673 017.

ORDER         

By Sri. P.C. PAULACHEN  – PRESIDENT

            This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.

2.  The case of the complainant, in brief, is as follows:

The complainant entrusted his HP laptop for service to the opposite party with complaint of slow working. The laptop was serviced by the opposite party, for which, they charged Rs. 4,100/-. But after 10 days, the laptop was not opening at all and hence it was again taken to the opposite party for repairs. The opposite party after repairs charged Rs. 2,900/- for this complaint. But after 3 days, the same issue persisted and the laptop was again given to the opposite party for service, who informed that it would be given as free service and they issued a job slip for Rs. 100/- on 06/10/2023 and promised to rectify the complaint soon.

3. On contacting the opposite party after a few days, it was informed that it was under repair. Thereafter the complainant contacted the opposite party several times, but there was no proper response. Then they informed that the laptop could not be repaired. The complainant then demanded refund of the entire amount collected from him as slow working was the only problem in the laptop. Again the opposite party assured to rectify the complaint, but there was no response. To the registered letter issued, there was no reply. Hence the complaint claiming compensation of Rs. 25,000/-.
4. Notice issued from this Commission on 04/07/2024 was duly served on the opposite party. But the opposite party did not respond to the notice and hence set ex-parte.
5. The points that arise for determination in this complaint are;

1. Whether there was any deficiency of service on the part of the opposite party, as alleged?

       2.  Reliefs and costs.

6. PW1 was examined and Exts A1 and A2 were marked.
7. Heard.
8. Point No 1:   PW1 has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the copy of the job slip dated 06/10/2023 and Ext A2 is the copy of the tax invoice dated 05/01/2023.
9. The evidence of PW1 stands unchallenged. The opposite party has not turned up to file version and to contest the case. The opposite party has not adduced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. There is no contra evidence to disprove the claim. The case of the complainant stands proved through the testimony of PW1 and Exts A1 and A2. Gross deficiency of service on the part of the opposite party stands proved. Undoubtedly, the complainant was put to gross mental agony and inconvenience due to the deficient service of the opposite party. The complainant deserves to be compensated adequately.  Considering the entire facts and circumstances, we are of the view that a sum of Rs. 15,000/- will be reasonable compensation in this case.
10. Point No. 2:- In the light of the finding on the above point, the complaint is disposed of as follows;

                  a)  CC.368/2024 is allowed in part.

b) The opposite party is hereby directed to pay a sum of Rs. 15,000/- (Rupees fifteen thousand only) as compensation to the complainant.

c) The payment as afore stated shall be made within 30 days of the receipt of copy of this order, failing which, the amount of Rs. 15,000/- shall carry an interest of 9% per annum from the date of this order till actual payment.

d) No order as to costs.

Pronounced in open Commission on this, the 30^th day of August, 2024.

Date of Filing: 22/06/2024

      Sd/                                                             Sd/-                                                           Sd/-                                                                                                 PRESIDENT                                              MEMBER                                                    MEMBER                               

APPENDIX

Exhibits for the Complainant :

Ext A1 - Copy of the job slip dated 06/10/2023

Ext A2 - Copy of the tax invoice dated 05/01/2023.

Exhibits for the Opposite Party

NIL

Witnesses for the Complainant

PW1  -   K.N. Rajesh Kumar (Complainant).

Witnesses for the opposite party

NIL                         

      Sd/                                                             Sd/-                                                               Sd/-                                                                   

PRESIDENT                                              MEMBER                                                    MEMBER                               

                                 True Copy,      

                                                                                                                           Sd/-

                                                                                                                      Assistant Registrar.