IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA
Thursday the 30th day of November, 2023
Filed on: 26.10.2023
Present
- Smt. P.R.Sholy, B.A.L, LLB (President in Charge )
- Smt. C.K.Lekhamma . B.A. LLB (Member)
In
CC/No.326/2023
between
Complainant:- | Opposite Parties:- |
Sri. Aby Varghese Praseeth Rajendran, CEO
S/o M.V.Varghese Nexgen Systems, Southern Towers
Mullanchira House TC17/680(12) (13), Thirumala Road
CMC-26, Cherthala Poojappura, Thiruvananthapuram-695012
(Adv. P.Anuroop) (Exparte)
O R D E R
SMT. SHOLY.P.R (PRESIDENT IN CHARGE)
Complaint filed u/s 35 of the Consumer Protection Act, 2019.
1. Brief fact of complainant’s case are as follows:-
On 12/10/2022 the complainant booked an assembled intel i7 gaming desktop (Vulcan Cabinet) through the whatsapp after seeing the anniversary single day sale offer advertised on the official instagram page of the opposite party and on 29/10/2022 complainant transferred the offer price of Rs. 90,999/- through google pay towards opposite party and purchased the said product and the opposite party issued an invoice No.NGB2C/22-23/371 dtd. 23/11/2022 and the product was delivered on 29/11/2022.
The product is covered warranty for the period of one year. After three months from the purchase date system recommended software updation later on updation it is found that “black screen” on the display. Immediately complainant approached the opposite party and on 25/3/2023 complainant brought the product to the opposite party, where the said imperfection was very clearly found by the opposite party and the opposite party assured that the product is covered under warranty and they will resolve the defects within days. Believing the words of the opposite party the complainant entrusted the product to the opposite party. Later the complainant approached the opposite party in several times but the opposite party not cared to resolve the imperfection in the product and till today the said product was withheld by the opposite party without any bonafide explanation.
Opposite party made all claims with respect to the standard of the assembled intel i7 (Vulcan Cabinet), only with a view to promote the sale and thereby indulge into deceptive trade practices. Complainant used the said product in accordance with the instruction given by the opposite party. Complainant bonafide believes that the product was misplaced from the opposite party hence the opposite party failed to deliver the product to the complainant. The intention of the opposite party to cause damage or harm to the complainant. The opposite party represents false or misleading representation about the service and quality of the said product. Due to the deficiency in service and the indifferent attitude of the opposite parties caused great mental agony, loss and injury to the complainant, hence on 4/8/2023 complainant caused to issued a lawyers notice to the opposite party but the same was return to the sender with an endorsement of unclaimed. Later on 18/9/2023 the opposite party send a mail to the complainant stated that the product would delivered on or before 10/10/2023 but the opposite party failed to deliver the product as they assured. Hence this complaint.
Notice along with copy of the complaint sent to the opposite party returned as unclaimed after giving intimation from the postal authority. Hence proceed with exparte.
2. The points raised for consideration are:-
1. Whether there is any deficiency in service and unfair trade practice from the part of opposite party?
2. Whether the complainant is entitled the reliefs as sought for in the complainant?
3. Reliefs and costs?
3. Point No.1 and 2:-
Since the notice along with the copy of complaint sent to the opposite party returned as unclaimed after giving intimation by the postal authority the complaint taken for disposal as exparte considering the evidence adduced by the complainant. Complainant’s case is that he had purchased an assembled intel i7 gaming Desktop(Vulcan Cabinet) from the opposite party which was booked through whatsapp message on seeing their anniversary offer for a single day sale. After 3 months from its purchase the product as recommended by the system the complainant updated its software and thereafter the said product became defective as found black screen on the display. Though the said matter was intimated to the opposite party which evoke no response. Thereafter the complainant sent a lawyer’s notice to inform the matter to the opposite party and whereby the opposite party replied via email that the matter will be solved within 8th – 10th of October 2023. Since no action taken by the opposite party as assured in the reply complainant filed this complaint seeking reliefs for directing the opposite party to replace the defective assembled intel i7 gaming desktop (Vulcan Cabinet) with new product in the same description along with compensation of Rs.1,50,000/- under various heads.
Complainant filed chief affidavit along with 7 documents which marked as Ext.A1 to A7. Ext.A1 is the tax invoice of the disputed product for cost Rs. 1,08,500/-. Ext.A2 is the copy of screen shot of whatsapp chats between complainant and opposite party, Ext.A3 is the postal receipt dtd. 4/8/2023 to sent Ext.A5 lawyers notice to the opposite party. Ext.A4 is the printout of copy of email received from opposite party dtd. 18/9/2023 assuring to solve the problem. Ext.A6 is the returned unclaimed notice and Ext.A7 is the delivery challan of the disputed product dtd. 25/3/2023 noting the matter as “ no signal” issued by the opposite party. From Ext.A2 it is also revealed that there was an offer made by the opposite party to the customers for a single day sale. Therefore we understood that the total purchase cost of Rs.1,08,500/- shown in Ext.A1 reduced to Rs.90,999/-. Through the above said documents produced along with proof affidavit coupled with unchallenged complaint the complainant would establish his case and hence we are inclined to allow the complaint. Considering the facts and circumstances of the matter we limit the compensation for Rs.20,000/- only. These points are answered accordingly.
3. Point No.3:-
In the result complaint stands allowed in part in the following terms:-
1. Opposite party is directed to give defect free new assembled intel i7 gaming desktop (Vulcan Cabinet) to the complainant.
2. Opposite party is directed to pay Rs. 20,000/-(Rupees Twenty thousand only) to the complainant as compensation .
3. Complainant is entitled Rs.3000/- (Rupees Three thousand only) as cost of proceedings from the opposite party.
The order shall be complied with within one month from the date of this order.
Dictated to the Confidential Assistant, transcribed by him corrected by me and pronounced in open Commission on this the 30th day of November, 2023.
Sd/-Smt. P.R. Sholy (President in Charge)
Sd/-Smt.C.K.Lekhamma (Member)
Appendix:-Evidence of the complainant:-
Ext.A1 - Original Retail Bill dtd.23/11/2022
Ext.A2 - Whatsapp Chat Screen shots
Ext.A3 - Postal Receipt dtd/ 4/ 8/2023
Ext.A4 - Printout of mail dtd. 8/9/2023
Ext.A5 - Copy of Lawyer’s notice.
Ext.A6 - Unclaimed Notice
Ext.A7 - Original Delivery Challan dtd.25/3/2023
Evidence of the opposite parties:- Nil
// True Copy //
To
Complainant/Oppo. party/S.F.
By Order
Assistant Registrar
Typed by:- Br/-
Compared by:-
