Date of Filing:16.06.2010<br /> Date of Order: 31.07.2010<br /> <br /> 2<br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SESHADRIPURAM BANGALORE-20<br /> <br /> <br /> Dated: 31ST DAY OF JULY 2010<br /> <br /> <br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> COMPLAINT NO: 1350 OF 2010<br /> <br /> Amit Sondhi<br /> S/o. Sri Rakesh Sondhi<br /> R/at E-206, Students’ Hostel<br /> IIM-Bangalore, Bilekahalli<br /> Bangalore Complainant<br /> <br /> V/S<br /> <br /> Intech Solutions Computers and <br /> Laptop Chiplevel Repair and Service<br /> No. 204, Opp. Adigas Nalapak<br /> Bannerghatta Road, Bangalore Opposite Party<br /> <br /> ORDER<br /> By the President Sri S.S. Nagarale<br /> <br /> This is a complaint filed under section 12 of the Consumer Protection Act for direction to the opposite party to return laptop with compensation.<br /> The facts of the case are that on 20.04.2010 complainant had given his laptop for repairs with the opposite party. Opposite party returned same after lot of harassment. Complainant found that the hinge of the laptop had become extremely loose and it was falling backward. Complainant lodged complaint with opposite party and laptop was again given to opposite party. The opposite party returned the laptop to complainant for second time. The complainant found hinge problem remained and further old repair job secured to be coming off and part of casing was coming off. Opposite party kept the laptop for long time in his custody for repairing the physical impairment in the corner of the laptop. Opposite party has agreed to charge Rs. 2500/- inclusive of all taxes instead of Rs. 3,000/-. The opposite party did not give the laptop in time. Because of delay he lost nearly 160 man hours of sufficiently productive work. Complainant was handicapped by not having access to his data in the laptop. He was not able to complete the research and study. Complainant got issued legal notice on 18.05.2010 calling upon the opposite party to accept Rs. 2500/- and return the laptop along with compensation for harassment. But opposite party neither returned the laptop nor replied to the notice. Non-delivery of laptop within the agreed time amounts to deficiency of service. Hence, the complaint.<br /> 2. After admitting the complaint notice issued to opposite party through RPAD. When the case was set for appearance of opposite party on 22.07.2010 opposite party or his representative not appeared though served with notice. Therefore, the opposite party was placed exparte. <br /> 3. Arguments for learned counsel for the complainant heard.<br /> 4. Perused the complaint and documents.<br /> 5. The case put up by the complainant has gone unchallenged. The complainant has produced copy of estimate dated 20.04.2010. He has produced copy of legal notice sent to the opposite party and also postal acknowledgement. By the facts of the case it is clear that the complainant has given his laptop to opposite party for repairs. It is the grievance of the complainant that opposite party has not carried out the repair works as under taken by him and he had made delay in handing over the laptop. On account of delay the complainant has suffered lot. He could not complete his research and empirical study. Even after sending legal notice also the opposite party has not responded and laptop was not returned to the complainant. This attitude on the part of opposite party is really deplorable. The opposite party being a service provider should see that customers are satisfied and the service under taken should be attended promptly to the satisfaction of complainant / customers. The complainant has prayed that direction be issued to opposite party to return the laptop and he has also prayed for grant of compensation of Rs. 2,00,000/- for mental agony and harassment and delay in returning the laptop. However, on the facts and circumstances of the case the ends of justice be met in ordering the opposite party to return the laptop immediately after carrying out the repairs undertaken by him without charging any amount. The complainant is entitled to get back his laptop from the opposite party after service without paying any charges because the opposite party has made delay in giving service and thereby the complainant has suffered lot. However, this is not a case to grant compensation as claimed by the complainant, since, there is no proper proof to establish that the complainant has suffered loss of Rs. 2,00,000/- on account of deficiency of service on the part of opposite party. With this observation I proceed to pass the following:<br /> ORDER<br /> 6. The complaint is allowed. The opposite party is directed to return laptop to the complainant immediately after carrying out repair work entrusted to him. The complainant is entitled to get back his laptop from the opposite party without paying any repair charges.<br /> 7. The complainant is entitled for Rs. 500/- as costs of the present proceedings from the opposite party. <br /> 8. Send the copy of this Order to both the parties free of costs immediately. <br /> 9. Pronounced in the Open Forum on this 31ST DAY OF JULY 2010. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> MEMBER MEMBER<br />