SMT. N. SHAJITHA BEEVI (MEMBER)<br /> <br /> The complaint filed by the complainant alleging deficiency of service against the opposite party. The grievance of the complaint is that the complainant purchased a personal desktop computer branded ‘ACEP’ in the end of 2002. The complainant was using internet and down loaded informative things and stored the same in the had disk of the computer. On January, 2007 onwards some defects in the keyboard and sound system of the computer. Accordingly the opposite party rectified the defects of the keyboard and sound system. Thereafter the complainant noticed another defect in the T.V. Tuner Card in the computer. Hence the complaint again contacted the opposite party for getting said defect rectified. On 15.1.2007 the Service Technician of the opposite party came to the complainant’s house and took the system to the opposite party’s Service Centre. On 17.1.2007 the system was brought to the complainant’s house after rectifying the defects. Then when the complaint started operating the computer, it came to the notice of the complainant that all the datas and informative things are started in the hard disk were lost immediately. The complainant contacted the opposite party and informed the heavy loss of datas as already mentioned. The Service Technician of the opposite party came to the complainant’s house and took the hard disk to the opposite party’s Service Centre. But the opposite party has not returned the hard disk to the complainant so far. <br /> 2. Issue notice to the opposite party. Then opposite party appeared and contended the case. Opposite party field version. The case of the opposite party defects in the functioning of the computer according to the complainant regarding the keyboard and sound system for the rectification of the said defects the system was handed over to the opposite party on 8.1.2007. And there is no deficiency in service on the part of the opposite party.<br /> 3. The complainant was examined as PW1 and marked Exts. A1 to A3.<br /> 4. The point for consideration is whether there is any deficiency in service on the<br /> part of the opposite party? <br /> 5. The case of the complainant is that the opposite party has committed deficiency in service to the complainant after accepting the consideration, quite negligent in not taking back up of datas in the hard disk before service. In the deposition complainant admitted that “refer note sNbvXt¸mÄ ^b-ep-IÄ \jvS-am-b-X-ÃmsX opposite party- bpsS service-  Hcp \yq\Xbpw kw`-hn-¨n-«n-Ãm-sbv ]d-bpp (Q) icn-bmWv (A). In this respect it can be seen that the defect occurred at the time of repairing the set this fact has also admitted by the complainant at the time of deposition. On a careful perusal of the pleading and adduced documents given in evidence. We are of the view that the contentions of the complainant not sustainable cannot be accepted as a valid ground. <br /> In the result we are of the view that there is no deficiency in service on the part of the opposite party the complaint is to be dismissed. No orders as to cost.<br /> Pronounced in open Forum on this the 28th day of May, 2008.<br /> Sd/- SMT. N. SHAJITHA BEEVI:<br /> Sd/- SRI. JIMMY KORAH :<br /> Sd/- SRI. K. ANIRUDHAN :<br /> APPENDIX:-<br /> PW1 - Sasidharan (Witness)<br /> Ext.A1 - Service Charge Bill for Rs.150/- <br /> Ext.A2 - Service Charge Bill for Rs.200/-<br /> <br /> Ext.A3 - Service Charge Bill for Rs.780/-<br /> <br /> Evidence of the opposite party:- Nil<br /> <br /> // True Copy //<br /> <br /> By Order<br /> <br /> <br /> Senior Superintendent<br /> To<br /> Complainant/Oppo.party/S.F.<br /> Typed by:-pr/-<br /> Compared by:-<br />