BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT

SRI.  P.V. JAYARAJAN                               : PRESIDENT

SMT. PREETHA G. NAIR                           : MEMBER

SRI. VIJU  V.R.                                             : MEMBER

C.C.No. 226/2020  Filed on 03/11/2020

ORDER DATED: 30/12/2021

ORDER

SRI.P.V. JAYARAJAN, PRESIDENT:

1. This is a complaint filed under section 35 of Consumer Protection Act 2019 and the matter stood over to this date for consideration.  After hearing the matter the commission passed an order as follows:
2. The case of the complainant in short is that on 19/11/2019 the complainant has purchased a Laptop manufactured by the 1^st opposite party and as some of the keys of the Laptop were not properly functioning, the said Laptop was entrusted to the 2^nd opposite party on 29/05/2020 which is the authorized service centre of 1^st opposite party.  In spite of contacting the 2^nd opposite party several occasion, the 2^nd opposite party failed to give back the Laptop after rectifying the defect.  At last on 15/06/2020 when the complainant approached the 2^nd opposite party on that day also they have not done any service to the said Laptop, and hence the complainant took back the Laptop from the 2^nd opposite party without doing any service to rectify the defects.  This fact was informed to the 1^st opposite party manufacturer.  Both the opposite parties not responded to the complaints raised by the complainant.  The complainant send 2 registered notices on 08/09/2020 and 17/09/2020 respectively.  Even after that, as there is no action from the side of the opposite parties to redress the grievances of the complainant, the complainant approached this Commission alleging deficiency in service and unfair trade practice on the part of the opposite parties.
3. After admitting the complaint notice was issued to the opposite parties.  After accepting the notice issued from this Commission, the opposite parties failed to enter appearance before this Commission on the date fixed for the same.  Hence on 04/01/2021 the opposite parties were declared ex parte.
4. The evidence in this case consists of PW1 and Ext.P1 to P3 series on the side of the complainant and as the opposite parties were declared ex parte, there was no oral or documentary evidence from the part of the opposite parties. 
5. Points to be considered:

(i). Whether there is any deficiency in service and unfair trade

practice on the part of the Opposite Parties?

(ii). Whether the complainant is entitle to the relief claimed in the complaint?

(iii). Order as to cost?

6.Heard. Perused records.To substantiate the case of the complainant the complainant himself sworn an affidavit as PW1 and Ext.P1 to P3 series were marked.Ext.P1 is the copy of tax invoice dated 19/11/2019.Ext.P2 is the copy of Asus product service form dated 29/05/2020.Ext.P3 is the copy of letter dated 01/09/2020.Ext.P3 (1) is the postal receipt.Ext.P3 (2) is the acknowledgment Card.As the opposite party was declared ex parte there is no oral or documentary evidence on the part of the opposite parties.In the absence of any contra evidence from the side of the opposite parties, we accept the evidence adduced by the complainant.By swearing an affidavit as PW1 and by marking the documents as Ext.P1 to P3 series, we find that the complainant has succeed in establishing his case.In view of the above discussions, and in the absence of any contra evidence on the part of the opposite parties, we find that this is a fit case to be allowed.

In the result the complaint is partly allowed.The opposite parties are jointly and severely directed to pay a sum of Rs.34,280/- (Rupees Thirty Four Thousand Two Hundred and Eighty Only) to the complainant along with Rs.15,000/- (Rupees Fifteen Thousand Only) as compensation to the complainant with Rs.2500/- (Rupees Two Thousand Five Hundred Only) as cost of this proceedings, within 30 days from the date of receipt of this order failing which the amount except cost shall carry an interest @ 9% per annum from the date of order till the date of realization.On compliance of the above order, the complainant is directed to return the Laptop to the opposite parties, within 7 days from the date of compliance of this order by the opposite parties.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Court, this the 30^th  day of December,  2021.

C.C. No. 226/2020

APPENDIX

1. COMPLAINANT’S WITNESS:

2. COMPLAINANT’S DOCUMENTS:

3. OPPOSITE PARTY’S WITNESS:

4. OPPOSITE PARTY’S DOCUMENTS:

                                                                                                                            Sd/-

                                                                                                                  PRESIDENT