Delhi

East Delhi

CC/195/2018

HIBA - Complainant(s)

Versus

ARROW INFOR MATIC - Opp.Party(s)

25 Apr 2019

ORDER

                  DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

                  CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                  

                                                                                                 

                                                                                                  Consumer complaint no.        195/2018

                                                                                                  Date of Institution                09/07/2018

                                                                                                  Order Reserved on               25/04/2019

                                                                                                  Date of Order                        29/04/2019                                                                                                       

In matter of

Mrs. Shabana Parveen  AR

Mother /o  Hiba     

R/o 829 Guru Ram Das Nagar Extn.    

Laxmi Nagar, Delhi 110092…….….……………....………..…………….Complainant

                                                                   

                                                                           Vs

1 M/s  Dell Service Centre  

Home Service, Delhi    

 

2 M/s  Arrow Informatics Pvt Ltd.

R 18 Rita Block Opp. Metro Pillar 48  

Shakarpur Delhi 110092 (old address)

 

New Address

 

M/s arrow Informatics Pvt Ltd

A 61B Ground FloorOpp Metro Pillar 56

Laxmi Nagar Vikas Marg delhi 110092 …..……………………………Opponents

 

Complainant                                        In-person

Opponent                                             NEMO / Ex Parte     

 

Quorum          Sh Sukhdev Singh      President

                         Dr P N Tiwari              Member                                                                                                   

                         Mrs Harpreet Kaur    Member

 

Order by Dr P N Tiwari, Member 

 

Brief Facts of the case                                                                        

This complaint case was represented by mother of Ms Hiba for whom a laptop was purchased by Mrs Shabana Parveen. Complainant/Hiba purchased Dell Laptop model B2TSZD2 vide invoice no. RI/0346/AIPL/2017/18 for sum of Rs 44,000/-on 30/06/2017 from Arrow Informatics/OP2 (Ex CW1/1).   The laptop developed problem in CD reading and taking long time for getting on and off, so complaint was lodged to OP2, but did not get any response. Again complainant called OP1/Dell Service centre at Delhi (Ex CW1/2) who informed to send warranty and invoice copy (Ex CW1/3). It was stated that OP1informed that warranty was corrected (Ex CW1/3A) and later informed that the warranty was not valid in India, but in Dubai (Ex CW1/4). So, complainant felt cheated by OP2 had caused financial loss and mental agony. So she filed this complaint and claimed replacement of new laptop from OP2 and compensation Rs 25,000/-with litigation charges Rs 5000/-.

Despite of issuing notice, no one appeared or submitted written statement, so Dasti notice was served.  OP2 received notice, but did not appear, hence preceded Ex Parte. Complainant submitted Ex Parte evidence on affidavit. As Ex Parte evidence was not controverted, so presumed to be correct and undisputed.

Arguments were heard from the complainant. After perusal of material on record, order was reserved.

We have gone through all the facts and evidences submitted by complainant.  It was admitted by OP1 that warranty was corrected. It is very clear that warranty is always given by manufacturer and through authorised seller/OP1. It was informed that the said Laptop had no warranty in India means that OP2 had sold pirated laptop to the complainant and this fact was known to OP2 before selling Laptop to complainant. That being so we come to the conclusion that OP2 was responsible for selling unauthorized laptop. Thus we direct OP2 to replace the laptop with new version of DELL laptop with all terms and conditions and valid standard warranty to the complainant within 15 days from receiving of this order. If OP2 fails to replace the laptop as directed, shall refund the cost of the laptop Rs 41,904.76/- in same time.  We also award compensation of Rs 10,000/- for mental agony and harassment. This will also include litigation charges also. If OP2 fails to comply the order in stipulated time then complainant shall be entitled to recover entire awarded amount with 9% interest from the date of filling of this complaint.

 

The copy of this order be sent to the complainant as per Regulation 18 (6) of the Consumer Protection Regulations, 2005 (in short the CPR) and file be consigned to the Record Room under regulation 20 (1) of the CPR.

 

(Dr) P N Tiwari, Member                                                                                          Mrs Harpreet Kaur, Member                                            

                                      

                                                    Shri Sukhdev Singh - President