Kerala

Idukki

CC/171/2022

Madhusdanan M D - Complainant(s)

Versus

Thushar - Opp.Party(s)

01 Jun 2023

ORDER

cDATE OF FILING : 25/10/2022

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, IDUKKI

Dated this the 1^st day of June 2023

Present :

              SRI.C.SURESHKUMAR                                               PRESIDENT

              SMT.ASAMOL P.                                                          MEMBER

              SRI.AMPADY K.S.                                                        MEMBER

CC NO.171/2022

Between

Complainant                          : Madhusoodhanan, S/o Divakaran,

                                                 Maliyekkal House, Prabhasity Bhagam,

                                                 Kanjikkuzhi Kara, Kanjikkuzhi Village.

                                                  And

Opposite Party                       : Thushar, S/o Babu,

                                                 (Proprietor, SOFTECH IT SOLUTION,  

                                                  Thodupuzha), Kakkanattu House,

                                                  Vazhithala Kara, Vazhithala Village.

                                                                                                                        

O R D E R

SMT.ASAMOL P., MEMBER

 

Complainant filed this complaint under Sec.35 of Consumer Protection Act 2019.  Brief facts of this complaint are discussed hereunder:-

1 . Complainant is working as an Assistant Police Sub Inspector  at Thodupuzha Police Station.  Opposite party is an owner of computer repairing institution which is named as ‘SOFTECH IT SOLUTION’ at Thodupuzha.  Complainant’s personal laptop of Lenovo company was not showing power supply hence he has phoned opposite party and informed it.  Accordingly, the staff of opposite party has collected the laptop from complainant for repairing it.  Thereafter, it was returned to complainant with informing that there was no problem for laptop and now they have cleared it.

(Cont.....2)

 

-2-

 

Moreover, opposite party has given a bill of Rs.1800/- as cleaning charge.  Complainant has also paid the bill amount.  But the laptop was not functioning, despite it was upon ‘on’ mode.  This was informed to opposite party, but he said that the battery of laptop was having complaint and Rs.5000/- to be paid for changing it.  But, at that time, as per the information from one friend of complainant, he reached to Ivan Computer institution at Thodupuzha  and the laptop was inspected and they have informed the actual reason that the battery of this laptop was disconnected so power supply was interrupted.  Thus, they have properly fixed the clip to connect the battery.  Now, the laptop is properly functioning.   Thus, complainant has been using this laptop without any problems.  Moreover, they opened the laptop and showed the complainant that dirty things are stuck inside in it because it was not cleaned by opposite party.  Complainant alleges that opposite party has received Rs.1800/- without cleaning or servicing the laptop and thus have cheated him.  Thereafter, complainant phoned to opposite party with demanding the refund of amount which he had paid.  But, opposite party was not ready to refund it.  Instead of that, opposite party challenged  complainant to take the legal steps for getting the amount.  These acts of opposite party amounts to deficiency in service on their part.  Hence complainant prays for the following reliefs.

 

 

(Cont.....3)

 

-3-

1 . Opposite party may be directed to refund the amount which he had paid to opposite party along with interest.

2 . Opposite party may be directed to pay compensation for mental agony and to pay court expenses.

Notice to opposite party was served from this Commission.   But, opposite party has neither appeared nor filed written version.  Hence, this case was posted for complainant’s evidence.  But, complainant was continuously absent.  Therefore, this Commission has issued notice to complainant for appearance.  Then also complainant was not present.  Opposite party is exparte.  A bill was produced along with complaint, this was marked as Ext.P1.  Since both parties absent, this case was taken for orders.  Now the points which arise for consideration are:-

1 . Whether there is any deficiency in service on the part of opposite party?

2 .  What reliefs the complainant is entitled to?

Point Nos.1 and 2 are considered together

We have perused the complaint and Ext.P1 bill.  Complainant has not tendered any evidence to prove his case.  Only the bill dated 14/07/2022 produced.  As per this P1 document, it is seen that the laptop was serviced by opposite party and complainant has paid Rs.1800/- as laptop service charge.

 

(Cont.....4)

 

-4-

However, there is no evidence to prove that opposite party has not serviced the laptop and Rs.1800/- was received without doing any work.  After filing this complaint, complainant was not at all present on the posting dates.  Despite notice for personal appearance from the Commission, he was absent.  Neither he was present nor tendered any evidence to prove the allegations in the complaint.  Hence, deficiency in service on the part of opposite party is not proved.  Complainant is not entitled for reliefs prayed for.  Point        Nos.1 and 2 answered accordingly.

In the result, complaint is dismissed without cost.

Parties shall take back extra copies without delay.

Pronounced by this Commission on this the 1^st day of June 2023.

                                                                                                                                                                                                                            

                                                                                                Sd/-                                                            

                                                                         SMT.ASAMOL P., MEMBER

                                                                                                Sd/-

                                                                   SRI.C.SURESHKUMAR, PRESIDENT

                                                                                                Sd/-

                                                                           SRI.AMPADY K.S., MEMBER

 

 

 

 

 

 

 

 

 

 

 

 

(Cont.....5)

-5-

 

 

APPENDIX

Depositions :

On the side of the Complainant :

Nil

On the side of the Opposite Party :

Nil

Exhibits :

On the side of the Complainant :

Ext.P1  -  SOFTECH IT SOLUTION – Service bill dated 14/07/2022.

On the side of the Opposite Party :

Nil

 

 

 

                                                                                              Forwarded by Order  

 

 

                                                                                        ASSISTANT REGISTRAR