Chandigarh

DF-I

CC/392/2020

Vipin Chawla - Complainant(s)

Versus

M/s Acer India Private Limited - Opp.Party(s)

Adv. Devinder Kumar

19 Feb 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

 

                    

Consumer Complaint No.	:	CC/392/2020
Date of Institution	:	21/09/2020
Date of Decision	:	19/02/2021

 

 

Vipin Chawla son of Sh. Gurmukh Das Chawla, resident of House No.499, (Ground Floor), CHB MIG Red Flats, Sector 61, Chandigarh.

… Complainant

V E R S U S

M/s Acer India Private Limited, Embassy Heights, 6^th Floor, No.13, Magrath Road, Bangalore – 560025 through its Manaing Director.

… Opposite Party

 

CORAM :	SHRI RATTAN SINGH THAKUR	PRESIDENT
	MRS. SURJEET KAUR	MEMBER

                                               

 

ARGUED BY	:	Sh. Devinder Kumar, Counsel for complainant
	:	Sh. Piyush Khanna, Counsel for OP

 

Per Rattan Singh Thakur, President

1.      Briefly stated allegations are, complainant intended to purchase a laptop and was attracted with the advertisement of laptop manufactured by the OP. In the advertisement on the website, OP had quoted “DAY OFFFER” i.e. in case complainant purchased the laptop on a specific day from the OP, it would provide special benefit. Averred, on 13.8.2020, the OP offered on its webpage Acer day offer includes 1 year accidental damage protection + 2 year extended warranty + antivirus & data recovery software + BT headphone/speaker. Relying upon the information, on 13.8.2020 itself, complainant purchased a laptop from the official website of the OP and paid a sum of ₹92,999/- through debit card.  The laptop was received on 17.8.2020, but, without the benefits referred above. The complainant contacted the customercare of the OP through email dated 2.9.2020 and received reply dated 3.9.2020 informing him to purchase the extended warranty to get the offered items.  The complainant alleged he was allured by the OP by uploading attractive offers, as detailed above, but was deceived with the non supply of the items to him which amounts to deficiency in service and unfair trade practice on the part of the OP. Hence, the present consumer complaint for directing the OP to provide the offered items, as detailed above; pay compensation of ₹50,000/- and ₹22,000/- as litigation expenses.
2.     OP contested the consumer complaint and filed its written reply. The crux of its reply is, 9^th September is celebrated every year by the OP as “Acer Day” and the offer was not valid on 13.8.2020. Hence, the complainant was not entitled for the product freebies and such other benefits. In the offer so uploaded on the website, it was also mentioned “For more details on the purchase or redemption of offers, visit us at www.shopacer.co.in.” Maintained, the complainant misunderstood the offer and, therefore, he is not entitled to the benefits, which were to be given on extended warranty. The complainant had not visited the website for details. Denied there was any deficiency in service or unfair trade practice on its part.  On these lines, the cause is sought to be defended.
3.     Replication was filed by the complainant and averments made in the consumer complaint were reiterated.
4.     Parties led evidence by way of affidavits and documents.
5.     We have heard the learned counsel for the parties and gone through the record of the case. After appraisal of record, our findings are as under:-
6.     The admitted facts, as per pleadings of the parties, are the complainant placed an order on 13.8.2020 with the OP for the purchase of a laptop and the same was supplied to him on 17.8.2020.  It is also the admitted case of the OP, it had uploaded on the website on 13.8.2020 Acer Day offer includes 1 year accidental damage protection + 2 year extended warranty + antivirus & data recovery software + BT headphone/speaker.  However, according to the OP it was valid on a specific day i.e. 9^th September every year or say in the first week of September. Now let us scrutinize the own documents of the OP.
7.     Annexure C-1 (at page 5)  is the material downloaded from the website and the relevant portion of Acer Day offer is reproduced below :-

          “ACER DAY OFFERS : 1 Year Accidental Damage Protection + 2 Year Extended Warranty + Antivirus & Data Recovery Software + BT Headphone/Speaker.”

However, there is a mention in very small words for more details on the purchase or redemption on offers visit us at www.shopacer.co.in. This was the material uploaded on the date of purchase and in the offer referred supra it was nowhere mentioned said offer is to be extended in the first week of September or say Acer Day which falls on 9^th September every year. It was only advised, in very small words, to visit the site for details on purchase or redemption of offers. Everything was detailed in the uploaded offer and it was all in highlighted words and only a passing reference was made for more details to visit the website.

8.     A consumer has to see the uploaded offer and price of the laptop which nowhere speaks of offer being valid on a particular day i.e. 9^th September or say first week and if it was so, then why it was put on the website on 13.8.2020, i.e. the date when the complainant placed order or parted with the money, is not understandable. Certainly it is a misleading advertisement and now the OP is pulling down from the said offer after alluring the consumer into such benefits and charging a hefty amount of ₹92,999/-. It is a situation where OP is fowling from its own nest. First alluring a consumer with the aforementioned freebies/benefits and then backtracking from the same in the manner referred above clearly shows the OP is spitting and then licking on the same site.  Certainly, it tantamounts to unfair trade practice on the part of the OP.
9.     The complainant vide his email dated 2.9.2020 (Annexure C-3) had afforded an opportunity to the OP to despatch the offered articles, but, it had replied vide email dated 3.9.2020 (Annexure C-4) when the extended warranty is purchased then the complainant will get the offered freebies. It is again deception on the part of the OP.  It was nowhere mentioned on the site on 13.8.2020 when the said offer was uploaded. Thereafter the OP after pulling this down again want to extract money of extended warranty in the name of freebies offered. The OP has taken dwindling stand first of all putting the freebies offered on the website and then pulling it down and again bargaining the complainant to go in for payment of extended warranty. All these facts not only constitutes unfair trade practice on the part of the OP and may also not be good for its business health, being a deceiver to the consumer and in the habit of changing colour according to the situation. The complainant has put in affidavit and documents.  OP had also filed affidavit.  However, we do not find any substance in the stand of the OP.
10.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OP is directed as under :-

1. to immediately provide all the offered items i.e. 1 year accidental damage protection + 2 year extended warranty + antivirus & data recovery software + BT headphone/speaker;
2. to pay an amount of ₹15,000/- to the complainant as compensation for causing mental agony and harassment to him;
3. to pay ₹10,000/- to the complainant as costs of litigation.

11.     This order be complied with by the OP within thirty days from the date of receipt of its certified copy, failing which, it shall make the payment of the amount mentioned at Sr.No.(ii) above, with interest @ 9% per annum from the date of this order, till realization, apart from compliance of remaining directions.
12.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

		Sd/-	Sd/-
19/02/2021		[Surjeet Kaur]	[Rattan Singh Thakur]
hg		Member	President