DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. No. 32/2022

Date of Institution: 24.01.2022

Judgment Reserved on: 15.07.2024

Judgment Passed on: 15.07.2024

QUORUM:

Sh. S.S. Malhotra (President)

Sh. Ravi Kumar (Member)

Judgment By: Shri S.S. Malhotra (President)

JUDGMENT

1. By this judgment the Commission would dispose off the complaint of the complainant alleging deficiency in service in selling faulty/defective product/laptop.
2. Brief facts as stated by the Complainant in the complaint are that he purchased on 29.12.2021one laptop 14APU Dual Core A6 A6-7350B 78^th Gen-(4 GB/ 1 TB HDD/Windows 10 Home) Z3-471 Thin and Light Laptop with one year international travelers warranty for an amount of Rs.20,120/- through Flipkart for the benefit and use of his sister but the said laptop was defective as it used to shut down automatically and wi-fi used to disconnect simultaneously, it was very slow and system’s fan was moving very fast which used to get heated up very quickly and even simple tasks like reading, work on excel, word and PDFs was not possible with this product. Thereafter the complainant made five complaints on various dates but the OP failed to replace the defective device and as such the complainant has no other remedy except to knock the door of this Commission and accordingly he filed the present complaint before this Commission interalia praying that OP be directed to return amount of Rs.20,120/- with interest @18% p.a., pay compensation of Rs.2 lakh and litigation charges of Rs.20,000/-
3. The OP was served and even one Counsel had been appearing and initially the OP had asked for complete paper-book which was supplied but ultimately none was present for OP on 10.07.2023 and its opportunity to file written statement was closed vide order dated 10.07.2023. Complainant has then filed evidence and since there was no written statement of the OP on record, no opportunity was given to OP to file its evidence. However Counsel for OP made an offer to the complainant to settle the matter on the cost price of the product which was not acceptable to the complainant. The OP has also filed an application under Order 9 Rule 7 of CPC which was also dismissed vide order dated 19.02.2024.
4. The Commission has heard the argument and perused the record. The complainant has filed evidence and has attached the original bill, five complaints made to the OP i.e. complaints dated 28.07.2021, 09.10.2021, 15.11.2021 and 09.12.2021 and it is also argued the product was not replaced and the case of the OP is even otherwise that they are ready to return the product value to the complainant which was not acceptable to the complainant. The fact remains that various complaints have been lodged by the complainant to the OP for replacement of the laptop or in the alternative for rectification of the faults which are happening in the laptop/product but the same were not being removed and therefore the complainant has been able to prove that there is deficiency in selling the wrong product on the part of OP when he sold a defective product/laptop to complainant.
5. The Commission therefore hereby orders as follows;

• OP is directed to return the value of product i.e. Rs.20,120/- with the interest @7% p.a. alongwith compensation of Rs.10,000/- including litigation charges of Rs.2,500/-
• The complainant would return the complete laptop to the OP.
• This Order is to be complied within 30 days from the date of receiving the copy of the order & in case the OP would not pay the amount within 30 days the rate of interest would be @9% on the above total amounts till realisation.         

Copy of the Order be supplied/sent to the Parties free of cost as per rules.

Announced on 15.07.2024.

File be consigned to Record Room.