BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
VAZHUTHACAUD, THIRUVANANTHAPURAM.
PRESENT
SRI. P. SUDHIR : PRESIDENT
SMT. R. SATHI : MEMBER
SMT. LIJU B. NAIR : MEMBER
C.C. No. 498/2014 Filed on 12.12.2014
ORDER DATED: 01.07.2016
Complainant:
Anoop Chandran, Sreevinayakam, T.C 6/2012-4, SRA 180 E, PMV Nagar, Ilipode, Pin-695 013.
(By Adv. Jayakrishnan. D)
Opposite party:
Smart Electronics, Authorized Samsung Service Centre, T.C 28/986(2), Sreekandeswaram, Fort P.O, Thiruvananthapuram-695 023.
This case having been heard on 20.05.2016, the Forum on 01.07.2016 delivered the following:
ORDER
SRI. P. SUDHIR: PRESIDENT
Complainant’s case is that complainant entrusted his laptop for replacement of broken front panel to opposite party on 10.11.2014. He has urgency to get back the laptop because he was preparing for the civil service examination. Complainant made repeated enquiry and opposite party sought time. Opposite party returned the laptop to the complainant on 25.11.2014 and asked to bring the same when opposite party received the panel. When the complainant reached home it is found that the screen was red in colour and the laptop was not properly fixed also. Complainant contacted the opposite party and opposite party said that it is a loose contact and opposite party will rectify it. On 05.12.2014 opposite party called the complainant for replacement of panel and promised delivery on the next day. But not delivered. On 07.12.2014 opposite party called the complainant and told that the LCD screen has to be changed and for that complainant has to pay Rs. 10,000/-. Complainant’s case is that this is a cooked up story and opposite party has not raised such an issue while the laptop was in the possession of the opposite party. Hence complainant approached this Forum for redressal.
Notice sent to opposite party. Opposite party accepted notice and not turned up. Hence opposite party set exparte.
Issues:
- Whether there is deficiency of service on the part of opposite party?
- Whether the complainant is entitled for the reliefs sought for?
Issues (i) & (ii):- Complainant filed chief examination affidavit and Exts. P1 to P3 marked. Perused the evidence and documents. Since there is no contra evidence we have no other option but to proceed with the evidence available. We are of the opinion that opposite party has not raised the issue of LCD screen while the laptop was in their possession. So the LCD screen was damaged when it was in their possession. Hence opposite party is directed to replace the LCD screen of laptop of the complainant free of cost and opposite party is at liberty to charge for replacement of the panel and opposite party is also liable to pay Rs. 1,000/- towards the costs of this proceedings.
In the result, complaint is allowed and opposite party is directed to replace the LCD screen of the laptop of the complainant free of cost and to pay Rs. 1,000/- towards cost of the proceedings within one month from the date of receipt of this order failing which complainant can realize Rs. 10,000/- as cost of the LCD screen.
A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 1st day of July 2016.
Sd/-
P.SUDHIR : PRESIDENT
Sd/-
R. SATHI : MEMBER
Sd/-
LIJU B. NAIR : MEMBER
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C.C. No. 498/2014
APPENDIX
I COMPLAINANT’S WITNESS:
NIL
II COMPLAINANT’S DOCUMENTS:
P1 - Copy of work order dated 09.11.2014
P2 - Copy of estimate
P3 - Copy of e-mail correspondence
III OPPOSITE PARTY’S WITNESS:
NIL
IV OPPOSITE PARTY’S DOCUMENTS:
NIL
Sd/-
PRESIDENT
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