Order date: 03.06.2024.
Today is fixed for admission hearing.
Ld. Advocate for the complainant is present and files two documents.
The case is taken up for admission hearing.
Heard the Ld. Advocate for the complainant in full.
The case of the complainant is that the complainant purchased a Laptop , Asus Vivobook S 15 OLED (2023) , intel Core EVO i5-13500H, 13th gen, 15.6(39.62 cem) 2.8 K, 120HZ OLED Thin & Light Laptop (16 GB/512 GB SSD/Windows 11/Office 2021/75WHr/Silver/1.7 Kg) S5504VA-MA 543WSBOCIGGLV9Z (BOCIGGLV9Z ) HSN: 84713010 from the online store of the respondent No.1 (www.Amazon) and the producer of the above mentioned laptop has been the respondent No.2. The complainant has received the above-mentioned laptop in a defective condition apparently old laptop and another brand (Lenovo) just after receiving of the above-mentioned laptop from the OPs. The complainant has paid the money to the Respondents via ICICI credit card and transaction No. (8543874487) on 30.12.2023 for the purpose of delivery of the above mentioned laptop to the addressed mentioned in the above mentioned order of delivery of above mentioned laptop. The complainant has made online payment of Rs.80, 649/- including everything for purchasing of the above-mentioned laptop through credit card, ICICI Bank. The complainant received the above-mentioned laptop at the delivery address at New Delhi on 03.01.2024. The authorized person namely Shivasmriti @ Khusi Singh, opened the delivery box and found the Lenovo think-pad laptop inside the delivery box and found the Lenovo think-pad laptop defective and inoperative after trying to operate the above mentioned Lenovo laptop on 03.01.2024, though the
Contd. …………….p/2.
Complainant has placed the order for Asus laptop, which was never supplied though the money for sale of Asus laptop was given to the respondent No.1 by the complainant.
Perused the case record along with the documents so filed by the complainant.
From the Invoice/Bill of Supply/Cash Memo (Original for Recipient) dt. 30.12.2023, it appears that Bill Address: Khusi Singh, Ground Floor, Saroj Sadan Girls Pg, Vijay Nagar, Single Storey, New Delhi, Delhi-110009 and Shipping Address: Khusi Singh, Khusi Singh, Ground Floor, Saroj Sadan Girils Pg, Vijay Nagar, Single Storey, New Delhi, Delhi, 110009, it is clear that billing address in the name of Khusi Singh and Khusi Singh received the Laptop. According to the documents so filed by the complainant, there is no bill regarding the purchased of the Laptop was issued in the name of the complainant Abhijit Singh.
Under the above facts and circumstances, we are of opinion that the complainant is not a “Consumer” u/S 2(7) of the Consumer Protection Act, 2019. Therefore, this case is not come under the purview of the C.P. Act, 2019.
Hence, it is
ORDERED
that the Consumer Complainant No. 77/2024 be and the same is hereby disposed of not being admitted.
Let a copy of this order be given to the complainant on free of cost.
Member Presiding-Member
D.C.D.R.C., Purba Bardhaman D.C.D.R.C., Purba Bardhaman
