DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:

                                                -ooOoo-

C.D.CASE NO. 329/ 2018

Suvam Jyoti Sahoo, aged about 27 years,

S/o Sri Sarat Chandra Sahoo,  

Resident of At/ PO – Chasapada, Via – Kaduapada,

PS- Balikuda, Dist – Jagatsinghpur

                                                                                                                                                                                      ….     Complainant

                        -Vrs.-

1.       LENOVO INDIA PVT. LTD.,(Regd. Office)

          Corporate office at Vatlka Business Park, 1^st floor,

Tower  -a, Sohna Road, Sector – 49

Gurgaon – 122018, Near Omex Mall (Map)

2.       LENOVO SERVICE CENTRE, (Service Centre),

          Plot No.537, 1^st Floor, Behind Sahid Sporting, Saheed Nagar,

          Bhubaneswar – 751007

3.       E-MART FOR YOU PVT. LTD., (Dealer),

          Plot No.104, Ground Floor of Bank of Baroda,

          Saheed Nagar, Bhubaneswar – 751007

                                                                             …      Opp. Parties

For the complainant      :         Mr. B.P. Sarangi  & Associates  (Adv.)

For the O.P.1                 :         Mr. B.P.Patra & Associates  (Adv.)

For the OPs 2& 3          :         Exparte

DATE OF FILING         :         28/12/2018

DATE OF ORDER        :         17/10//2022

ORDER

K.C.RATH, PRESIDENT

1.       This is an application U/s 12 of the C.P.Act, 1986.

2.       The complainant’s case in brief is that, he had purchased one Lenovo Laptop from the OP.3 for a consideration amount of Rs.31,681/-. On 25/01/2018, the said laptop started dis-functioning.  The  LCD and Key board of the laptop were not functioning completely. So he took it to the authorized service centre. The service centre kept that laptop till 27/01/2018 and returned it to the complainant on the assurance that,  all the issues of the laptop had been resolved and there will be no problem in functioning of the laptop. But again within four days, the same problem re-occurred. On 4/5/2018,  he brought the laptop in question to the service centre who kept it for two days and returned it with the assurance that the necessary parts of the laptop were replaced and there would be no further problem in the laptop. But again within a few days, the laptop developed certain problems. Its screen and key board did not function properly.  On 15/09/2018, he again brought the laptop to the service centre but the service centre refused to repair it as, by that time, the warranty period was over. As alleged by the complainant,  it was a spurious goods.  Hence this complaint.

3.       On the other hand, the  OPs 2 & 3 were set exparte. The OP.1  filed their written version contending therein that the allegations made by the complainant in the complaint petition are not admitted by the him.  Whatever problems were there in the laptop in question, those had been rectified and repaired by the authorized service centre. As per the terms & condition  of the warranty, if the laptop is not repairable or replaceable,  then only,  customer is entitled to get back the consideration money. As the complaint bears no merit,  it is liable to be dismissed with cost.

4        Perused the materials on record.  On 4/1/2018, the complainant namely,  Suvam Jyoti Sahoo purchased the Lenovo laptop for a consideration of Rs.31,681/- from the OP.3. Other documents submitted by the complainant indicate  that the authorized service centre had repaired the laptop in question from time to time and on 4/5/2018, the screen and key board   of the laptop were replaced. So it appears  from all those documents and pleadings of the complainant that,  the laptop in question had developed problems since the date of purchase.  Even within the warranty period, the screen and key board of the laptop were replaced but still the laptop did not function properly. When the complainant came to the seller  for refund of  the consideration amount, the seller denied to refund the same. The contentions of the OP.1 are not all that strong to dislodge the allegations made by the complainant with regard to the laptop .  On careful consideration of the facts & circumstances of the case, we feel that the complaint   bears merit. Hence it is ordered.

ORDER

The complaint is hereby allowed on contest against the OP. 1 and exparte against the OP.3 and dismissed exparte against the OP.2..  The OPs 1 & 3   are  jointly & severally  liable to replace the laptop in question with the same configuration / specification/ model of same price or in the alternative, to refund the consideration amount of Rs.31,681/-  to the complainant.  The OPs 1 & 3 are further directed  to pay an amount of Rs.10,000/-   (Rupees  ten thousand) only,  to the complainant towards  compensation  for mental agony suffered by  him and a further sum of Rs.5000/-  (Rupees five thousand) only towards litigation expenses.  The order be complied with by the OPs 1 & 3  within thirty days from the date of communication of this order,   failing which the complainant will be  at liberty to execute the order  against the OPs 1 & 3    in accordance with law.

The order is pronounced on this day the  17^th October,  2022  under the seal & signature of the President and Member (W)   of the Commission.

                                                                                      (K.C.RATH)    

                                                                                       PRESIDENT

 Dictated & corrected by me

          President                                                                                    

I agree                                                                            

(S.Tripathy)                                                                           

Member (W)                                                                             

Transcribed by Smt. M.Kanungo, Sr.Steno