BEFORE THE DISTRICT FORUM: KURNOOL

Present: Sri. T.Sundara Ramaiah , B.Com B.L., President

And

Sri. M.Krishna  Reddy , M.Sc., M.Phil., Male Member

Thursday the 28^th day of October , 2010

C.C.No 32/10

Between:

D.Sunil Kumar,

S/o. D.Prabhudoss,

C/o. Prabhu Xerox & Computer job work centre,

H.No.41/79-A, Saibaba Sanjeevaiah Nagar,

Opp. District Court,

Kurnool-518 001.                                      …Complainant

-Vs-

The Proprietor,

M/s.R.K.Solutions, U-con Plaza,

First floor, shop Nos.10,11&12,

Beside ICICI Bank, Park Road,

Kurnool-518 001.                                           …Opposite  ParTy

          This complaint is coming on this day for orders in the presence of Sri. M. Azmathulla , Advocate, for complainant, and Sri. S. Chand Basha, Advocate for opposite party and upon perusing the material papers on record, the Forum made the following.

ORDER

(As per Sri. T.Sundara Ramaiah, President)

C.C. No. 32/10

1. This complaint is filed under section 2 (1) (g) and 2 (1) ( r ) of C. P. Act, 1986 praying to direct the OP

1.  to hand over the hard disk of the complainant after fully

 restoration of the data memory, (or) in alternative direct the  OP to pay compensation of Rs.5,00,000/- to the complainant .

1. to pay Rs.50,000/- for mental agony  
2. to pay interest @ 18% p.a,
3. to pay cost of the complainant and
4.     and to pass such other relief or reliefs  as the Hon’ble Forum  

may dseem fit and  proper in the circumstances of the case.

(2)   The case of the complainant in brief is as under:- The complainant is doing computer job work under the name and style  Prabhu Xerox & Computer Job work . The computer of the complainant was badly effected due to the floods occurred on 02-10-2009 . On   02-11-2009 the complainant approached the OP for advise of data recovery of his computer 40 GB Hard disk. The OP assured to the complainant that the entire data recovery in the hard disk can be easily resorted. Believing the words of the OP the complainant handed over his hard disk for data recovery. The OP received Rs.5,000/- from the complainant  towards service of data recovery of the hard disk and issued a receipt . The OP also promised that the data recovery will be done within one week. The OP did not return hard disk of the complainant even after one week. On 08-12-2009 the OP informed the complainant that the hard disk of the complainant was misplaced long back and he tried to convince the complainant with a offer of giving new hard disk. The complainant refused for it. The data saved in the hard disk of the complainant is worth not less than Rs.5,00,000/- . As there was no response from the OP , the complainant got issued a legal notice on 09-12-2009 requesting the OP to hand over the hard disk after restoration of data or in default to pay compensation of Rs.5,00,000/- . The OP received the said notice and kept silent. Hence the complaint.          

3.     OP filed written version stating that the complaint is not maintainable.  The complainant handed over damaged hard disk to the OP with a request to restore the data in the hard disk. The Hard disk was received by the staff of the OP and issued receipt No.139 to the complainant and the complainant was informed that they would try to open the same with the help of computer. The staff also informed the complainant that the service charge would be collected after rendering service. No amount was received from the complainant on 02-11-2009. The complainant materially altered the receipt and filed the same into the court to deceive the OP. After cleaning the hard disk did not work. The OP explained the complainant that the hard disk is totally damaged and that data can be restored . It was handed over to the complainant. The complainant requested the OP to check the disk once again and went away. Subsequently he sent the legal notice and filed the present complaint with false allegations and to blackmail the OP.  The complaint is liable to be dismissed.    

4.     On behalf of the complainant Ex.A1 to A3 are marked and the sworn affidavit of the complainant is filed.  On behalf of the opposite parties Ex.B1 and B2  are marked and sworn affidavit of OP is filed.

5.     Both sides filed written arguments.

6.     The points that arise for consideration are      

(i)     whether there is deficiency of service on the part of the OPs ?

(ii)    whether the  complainant is entitled to the relief as prayed for?

(iii)    To what relief?

7. Points No.1 & 2 :  Admittedly the hard disk of the complainant  was damaged in the floods occurred  on 02-10-2009 . The complainant handed over the damaged hard disk to the OP for data recovery. It is the specific case of the complainant that on 02-11-2009 he paid Rs.5,000/- to the OP for service of data recovery of the hard disk . The OP denied the receipt of Rs.5,000/- from the complainant  on 02-11-2009 . The complainant filed Ex.A1 receipt dated 02-11-2009 where in it is mentioned that an amount of Rs.5,000/- was received by the OP on  02-11-2009. It is the case of the OP that the receipt Ex.A1 is materially altered and that the amount of Rs.5,000/- is inserted in Ex.A1 by the complainant . The OP filed the duplicate copy of the receipt No.139. In the said receipt the date and the amount are not at all mentioned. On comparison of Ex.A1 original receipt No.139 with Ex.B2 carbon copy of receipt it can be said that the complainant put the figure Rs.5,000/- in Ex.A1 subsequently. The complainant meddled with Ex.A1 and put the date 02-11-2009 and the figure Rs.5,000/- in order to make the court to believe that the OP received Rs.5,000/- towards service charges on 02-11-2009. One who seeks justice must come to the court with clean hands. In the present case the complainant meddled with the original receipt Ex.A1 by putting the figure Rs.5,000/- . The contention of the OP that he did not receive any amount from the complainant  on 02-11-2009 is most convincing and probable.     

8.     Admittedly the hard disk of the complainant was damaged in the flood water. According to the complainant he handed over it to the OP for repairs and for restoration of the data recovery. It is the contention of the OP that as the hard disk was totally damaged in the flood water it did not work even after cleaning  and that he informed the same to the complainant. In the sworn affidavit of the OP he clearly stated that the hard disk was totally damaged and that the data cannot be recovered from it. The OP cannot be blamed as the hard disk was totally damaged in the flood water and it is beyond repairs. Simply because the OP received the hard disk Ex.B1 for servicing it can not be said that the OP is liable to pay compensation of Rs.5,00,000/- for his failure to restore the data in the damaged hard disk Ex.B1. The hard disk is totally damaged. The OP can not be compelled to restore the data in the hard disk Ex.B1. It is also the case of the complainant that the OP did not return the hard disk Ex.B1 to the complainant. During the course of the enquiry the OP produced the hard disk and it is marked as Ex.B1. It is the complainant who is entitled for the hard disk Ex.B1. The OP did not receive any amount from the complainant towards service charges and that there is no deficiency of service on the part of the OP. The complainant is not entitled to the reliefs as prayed for. The OP is not in a position to restore the data in Ex.B1 as Ex.B1 is totally damaged.  

9. Point No.3:  In the result the complaint is dismissed. In the circumstances no costs. Ex.B1 hard disk shall be returned to the complainant after expiry of the appeal time .

Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 28^th day of October,  2010.

          Sd/-                                                                        Sd/-  

MALE MEMBER                                                            PRESIDENT

APPENDIX OF EVIDENCE

Witnesses Examined

For the complainant : Nil            For the opposite parties : Nil

List of exhibits marked for the complainant:-

Ex.A1.       Receipt dt.02-11-2009 for Rs.5,000/-issued by OP.

Ex.A2.       Legal Notice dt.09-12-2009

Ex.A3.       Trackon Courier receipt dt 08-12-2009

List of exhibits marked for the opposite parties: 

Ex.B1.       Hard Disk of Complainant

Ex.B2.       Receipts Book.

          Sd/-                                                                                     Sd/-

MALE MEMBER                                                            PRESIDENT

// Certified free copy communicated under Rule 4 (10) of the

A.P.S.C.D.R.C. Rules, 1987//

Copy to:-

Complainant and Opposite parties

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