J U D G M E N T:-
1. This is an order for petition filed on behalf of Om Prakash Sharma against the Asus Company 402, 4th floor Supreme chamber 17/18 shah industrial estate Veera Desai road Andheri West Mumbai and F1 Info Solution Services Pvt Ltd Shop no-10 ground floor city centre opposite Gossner College Club road Ranchi for grant of Rs- 46500/- cost of the computer Rs- 40000/- for compensation and Rs- 13500 against litigation cost.
2. The complainant contended that the complainant purchase one Asus Laptop vide retail bill no- R0961 dated 20/10/2015 but the Laptop was not charging there after the complainant took the laptop before the servicing centre and the service centre after checking gave the receiving after endorsement as ‘no power” After 4.25 hours the complainant receive one phone and someone informed the complainant that the screen of the Laptop was broken and the same will cost Rs- 10,000/- the complainant replied that the screen of his Laptop was not broken then why he shall pay the amount at this the person replied that you have to pay the amount. The complainant contended that the complainant asked from the company in Toll free number from where the complainant was assured that the problem shall be solved but thereafter also the problem was not solved then the complainant sent a notice to the company and the company asked the complainant to pay Rs- 6859/-. It is further contended that the complainant again sent the mail to the company and asked that when he has deposited the Laptop not the screen was broken then why he shall pay anything. It is further contended that the company again sent a mail and asked to pay Rs- 5273/- against this the complainant sent a mail that he shall not pay anything but the company and the service centre did not get the problem solved and hence the complainant filed this complaint petition before this Forum.
3. The case was admitted and notices against the opposite party were sent through registered post the delivery report of the registered letter has been filed showing that the notice/ letter have been delivered to the addressee and the case was fixed for ex-parte final hearing since the opposite parties did not appeared.
4. In case this the complainant has filed his evidence on affidavit and has filed some documents which have been marked as exhibit these are:- Ext- 1 Retail invoice of purchase of Laptop Asus for Rs- 46500/-, Ext- 2 is the receiving copy of the Laptop by the service centre of Asus, Ext- 3 is the delivery track report of the registered letter.
5. In this case the opposite party have not appeared and hence there is nothing rebuttal from the opposite parties against the contention of the complainant.
6. In this case the complainant has filed his evidence on statement and has filed the written invoice for the Laptop Ext-1 which shows that the cost of the Laptop was 46500/-. From the Ext-2 is evidenced and when the complainant produced the Laptop before the service centre the service centre reported the failure of the Laptop as “no power.” The complainant contended that thereafter he was inform by the service centre that screen of the Laptop was broken but Ext- 2 does not show any breaking the complainant requested the service centre and the Asus Company for repairing the Laptop but the problem of the complainant was not resolved by the opposite parties. This is definitely a deficiency in the part of opposite parties and accordingly the opposite parties are held liable to remove the defects and compensate the complainant.
7. Since the opposite parties in spite of the service of the notice (Ext-3) have not appear and hence the Forum have got no option but to allow the claim of the complainant.
And In the result the opposite parties are directed to remove the defects of the Laptop purchased by the complainant in proper and workable condition within 60 days of this order and compensate the complainant with Rs- 20,000/- for causing harassment and for filing the complainant case. Failing which the opposite parties are directed to pay the cost of the laptop Rs-46500/- and compensation for mental agony and litigation cost of Rs- 20,000/- along with interest @ 12% per annum from the date of filing of this case i,e 07/03/2017 till the final realization of the amount.
Failing which the complainant shall be entitled to get the order executed through the process of the Law.
Supply free copy of this order to the complainant and sent free copy of this order to the opposite parties through registered post.
