Date of Filing : 14/01/2016
Order No. 18 dt. 29/12/2017
Fact of the case according to the complainant in brief is that complainant purchased a laptop,Model:PavilionDM4-170782,sl no 2CE21307FYagainst invoice no.SLF02A058010073298 from M/s Infiniti Retail Ltd (Croma) (op-1)with extended warranty for a period of 2 years from 04.02.2014. The laptop started rendering trouble at the end of the month of June,2015. It was brought to M/s Info Solution & service (p) Ltd,2R.S.Mullick Square, kol-13 (op-2) for repair on 29.06.2015.. In spite of repeated request by the complainant about the necessity of better visibility of the keyboard, op-2 arranged a keyboard without backlit arrangement.F-1 service replaced the key board with another one of inferior quality and it was without the capacity of emitting light arrangement for the purpose of brightening the visibility of the key board reading. Complainant knocked the ops thereafter on 27.09. 2015&11.10.2015 but the desired model of keyboard was not made available by the ops. In the meantime complainant sought for the help of Asstt. Director, CA&FBP, Government of West Bengal for mediation of the case but it was without any result ultimately. In such circumstances, complainant compelled to lodge this complaint and prayed direction upon the o.ps to replace the laptop of same model along with compensation of Rs.1,00,000/- for harassment and mental agony.
O.p.-2 contested the case by filing w/v and denied all the material allegations of the complaint but op-2 remained ex parte in this case. Ld lawyer of the op-2 stated that complainant approached op-2 for repairing of her laptop and op-2 returned it with servicing. Again, it had been returned back to the op-2 for removal of defect in the keyboard. However, it could not be repaired it was replaced with new one but without backlit provision. Thus,the contesting op-2 rendered proper service to the laptop as the backlit keyboard was not available in the market at that period of time. There is no deficiency in service on the part of the op-2. In the petition complainant demanded compensation of Rs1lakh without specific averments regarding the reason and quantum of loss. There is no cause of action to lodge this complaint. Therefore, the case should be dismissed with exemplary cost.
On the basis of the pleadings of the respective parties following points are to be decided:-
- Whether there was any deficiency in service/defect in goods on the part of the o.ps?
- Whether the complainant will be entitled to get the relief as prayed for?
Decision with reasons :-
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Considering the submissions of the respective parties it is an admitted fact that the complainant purchased a laptop having Model no PavilionDM4-170782,sl no 2CE21307FY from M/s Infiniti Retail Ltd (Croma) (op-1) with extended warranty for a period of 2 years from 04.02.2014. The laptop started disturbing in the month of June,2015. It was brought to M/s Info Solution & service (p) Ltd (op-2) for repair on 29.06.2015 within warranty period. OP-2 has replaced the key board with another keyboard but it has no light emitting arrangement which facilitates vivid identification of the keys to operate. In spite of repeated request by the complainant about the necessity of better visibility of the keyboard op-2 arranged a keyboard without backlit arrangement. Complainant had chose out such keyboard from market and purchased the laptop with a backlit keyboard in which the inside lighting arrangement usedto help ease in reading keys in the keyboard .The substituted keyboard is not a perfect substitute of the backlit keyboard as chose and purchased by the complainant. The laptop had been unevenly utilized from 06.07.2015 therefore complainant had to suffer for two and half years. As the laptop had been within warranty period and the keyboard was out of order since June,2015 complainant had to face hazards , mental agony and to tolerate stress in her eyes since then. Therefore, complainant is entitled to get relief in spite of the service and co operation rendered by op-2 in helping the consumer in all possible ways available to them.
With the above points in view, we hold that there is defect in the goods i.e. in the keyboard which needs to be replaced with the same keyboard as purchased by the complainant.Therefore, complainant is entitled to get relief. Thus, all the points are disposed of accordingly.
Hence, it is ordered,
that the case no. cc 14/2016 is allowed on contest with cost against the o.p-2 and ex-parte against op-1.The o.p-1 is directed to replace the old keyboard with backlit arrangement if available with o.p.1 or to return the present market price of the keyboard in question of standard quality along with compensation of Rs. 2000/-(Rupees two thousand) only for harassment and mental agony and litigation cost of Rs. 2,000/-(Rupees two thousand) only to the complainant within 30 days from the date of communication of this order, i.d. an interest @10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Complainant is directed to return the old keyboard to o.p.1.
Supply certified copy of this order to the parties free of cost.
