DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD

Dated this the 20^th day April, 2023

Present : Sri.Vinay Menon V.,  President

            : Smt.Vidya A., Member           

            : Sri.Krishnankutty N.K., Member            Date of filing 08/11/2021   

CC/194/2021

Sunil.M.N

M.N.Kalam House, Nattukal P.O

Mannarkkad College Via

    Palakkad - 678 583                                            -              Complainant

(Party in person)

Vs

1. Acer India Private Limited

Embassy Heights, 6^th Floor

No. 13, Magrath Road

Bangalore - 560 025

(By Adv. Mohamed Sufail.T)

2. The Manager

Image Mobiles & Computers

Kodathipadi, Kozhikode -Palakkad Highway

Mannarkkad - 678 762

(By Adv. V.Shanmughanandan)

3. Service Head

Acer Service Centre, Infra Technologies

1st Floor, V & V Apartment

Near Karur Vysya Bank, Vellam Street

Sultanpet, Palakkad - 678 001                            -             Opposite parties

(By Adv. Feroze Arakkal)

O R D E R

By Sri.Krishnankutty.N.K., Member.

1.  Pleadings of the Complainant.

The complainant had purchased a laptop manufactured by first opposite party from the second opposite party for Rs. 42,000/- on 24/09/2021.  On 4^th October, 2021, the laptop developed some display problem.  The issue was reported to the second opposite party and as advised by them the laptop was handed over to the third opposite party for replacement of display light under warranty.  They couldn't do the replacement till the date of this complaint for want of the spare from the first opposite party.  Hence, the complainant has approached this Commission seeking replacement of the laptop or refund of the original cost along with a compensation of Rs. 12,000/-.

2.   Notices were issued to the opposite parties.  They entered appearance.  Opposite parties 1 & 3 filed their version.  In the version the first opposite has expressed their readiness to replace the laptop with a new one of reasonably similar configuration as full and final settlement of this complaint.  According to the third opposite party, the delay in repair was only because of the delay in getting the spare due to Covid restrictions. They also put forth the offer to replace the laptop as agreed by first opposite party.

3.  Issues involved.

1. Whether the opposite parties failed to attend to the defects of the laptop as per warranty terms?
2. Whether the defects pointed out by the complainant amounts to manufacturing defects?
3. Whether there is any deficiency in service or unfair trade practice on the part of opposite parties?
4. Whether the complainant is entitled to the reliefs sought for?
5. Reliefs/costs if any extendable.

4.   The complainant didn't file proof affidavit or mark any documents as evidence.  Further, the complainant has been continuously absent for the proceedings.  Though the case was taken up for settlement in adalath held on 24/06/2022, no settlement could be reached.

5.  Issues 1 to 3

In the absence of proof affidavit or any documents to substantiate the pleadings of the complainant, this Commission is not in position to examine the merits of this case.  Further, continuous absence of the complainant during the proceedings of the case is an indication that he is not serious enough to proceed with the complaint.

6.  Issue 4&5.

As the complainant failed to prove a prima facie case against the opposite parties, the complaint is dismissed.  Hence the complainant is not entitled for any reliefs.

Pronounced in the open court on this the 20^th day of April, 2023.

                                                                                                 Sd/-         

                                                                              Vinay Menon V

                                                       President 

                                                                 Sd/-

                                                          Vidya A

                                   Member 

                                                                                                       Sd/-

                                                                                     Krishnankutty N.K.

                                                                                            Member

Appendix

Documents marked from the side of the complainant: Nil

Documents marked from the side of opposite party: Nil

Witness examined: Nil

Cost: Nil

NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.