DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION ERNAKULAM
Dated this the 13th day of January 2023
Filed on: 13.06.2022
PRESENT
Shri.D.B.Binu President
Shri.V.Ramachandran Member Smt.Sreevidhia.T.N Member
C.C. No. 296/2022
COMPLAINANT
PA Shanavas, Pulickaparambu Valiyaveedu, Asokapuram, Aluva
(By Adv.Anil Kumar P.V., Guru Law Associates Opp.EMC Perigattu Road, Palarivattom P.O., Cochin-25)
Vs.
OPPOSITE PARTY
Business Manager, My- G-Care, Khaja Complex, Railway Station Road, Aluva, Ernakulam-683 101
(Ex-parte)
F I N A L O R D E R
V.Ramachandran, Member
1) A brief statement of facts of this complaint is as stated below:
The complainant states that he had purchased a laptop from the opposite party on 25.06.2021 for the purpose of study of his daughter Jannath P.S who is the beneficiary of the product. Immediately, after the lapse of 1 month from the date of purchase, the laptop became defective. The complainant purchased laptop model No.155-DU1052TU INTEL PDC for an amount of Rs.28,990/- on 25.06.2021 which became defective on 16.07.2021 and the opposite party had cured the defects of the laptop and returned to the complainant. Unfortunately, it had became defective on 18.07.2021. The complainant entrusted the laptop to the system services of the opposite party on 19.07.2021 and the opposite party replaced moher board of the laptop and retuned to the complainant. Thereafter several problems such as slow response of system, system hanging, Buffing and Automatic Shutdown etc. were observed in the laptop of the complainant. Therefore, the complainant informed the matter to the opposite party on 06.11.2021 and entrusted his laptop with them for rectifying the defects. The opposite party then installed the operating system in the laptop and returned to the complainant without curing the defects of the laptop. The complainant stated that the opposite party and the service centre could not rectify the defects of the laptop so far. Therefore the complainant sent a legal notice to the opposite party which was received by the opposite party and had not respondent to it.
The complainant states that the laptop purchased by the complainant is having warranty upto 26.06.2022 and even then the opposite party do not cured the defects pointed out by the complainant or replaced the laptop after receiving the notice. On 13.01.2021 the opposite party again demanded the complainant to pay an additional amount of Rs.3500/- being the repair charges which was paid by the complainant.
Since there is no reliefs for the grievances the complainant approach this Commission seeking for issuing orders against the opposite party directing either to replace the laptop or refund the amount to the complainant along with other reliefs.
2) Notice
Eventhough notice was sent to the opposite party, the opposite party did not turn up and filed their version. Hence the opposite party is set ex-parte.
3) Evidence
The complainant produced proof affidavit and Exbt.A1 to A8 which are marked and the complainant is heard by the Commission on 20.12.2022. The important documents produced by the complainant is the purchase bill (invoice dated 25.06.2021) generated by the opposite party against the payment of Rs.28,990/- being the cost of the laptop (Exbt.A1) . Exbt.A2 and A3 are related to the service and warranty of the laptop. Exbt.A5 is the payment made by the complainant to the opposite party towards the service charges of Rs.3500/-. Other exhibits are either the details of services made by the opposite party and communications sent by the complainant to the opposite party.
4) The main points to be analysed in this case are as follows:
(i) Whether the complainant was sustained any loss or deficiency from the side of the opposite party?
(ii) If so, whether the complainant is entitled to get compensation and any relief from the side of the opposite party?
(iii) Costs of the proceedings if any?
5) Point Nos. (i) (ii) and (iii)
The Commission had made a thorough analysis on the subject matter of the complaint and the documents produced by the complainant. The complainant has doubtlessly established that he had purchased a laptop from the opposite party which became defective and defunct on many occasions soon after the date of its purchase from the opposite party. Since the defects occurred in the laptop is within the warranty period and is of recurring nature, there is no need of an expert opinion to establish the defects in the laptop purchased by the complainant. Eventhough ample opportunity was given to the opposite party for appearance before the Commission to establish their part and to contest the case, they did not turn up. In this circumstances the point No. (i) is proved in favour of the complainant. The complainant had undergone deficiency of service and unfair trade practice from the side of the opposite party. Therefore, the following orders are issued.
1) The opposite party shall pay an amount of Rs.28,990/- to the complainant along with interest at @5.5 % from 25.06.2021 till the date of realization.
2) The opposite party shall also pay an amount of Rs.10,000/- as compensation and Rs.5000/- costs of proceedings.
All the amounts shall be paid by the opposite party to the complainant within 30 days from the date of receipt of copy of this order failing which amounts remitted above 1 and 2 shall attract interest 5.5 % from the date of issue of order till the date of realization.
Pronounced in the Open Commission on 13th day of January 2023.
Sd/-
V.Ramachandran, Member
Sd/-
D.B.Binu, President
Sd/-
Sreevidhia.T.N, Member
Forwarded/by Order
Assistant Registrar
Assistant Registrar
APPENDIX
Exhibit A-1: copy of tax invoice dated 25.06.2021 issued by MyG
Exhibit A-2: copy of warranty of the laptop
Exhibit A-3: copy of warranty of the laptop
Exhibit A-4: copy of warranty of the laptop
Exhibit A-5 copy of tax invoice dated 13.01.2022
Exhibit A-6` copy of warranty of the laptop
Exhibit A-7 copy of complaint lodged by the complainant through g-mail.
Exhibit A-8 copy of legal notice sent by the complainant to the opposite party.
C.C. No. 296/2022
order dated 13.01.2023
