By Smt. PREETHI SIVARAMAN.C, MEMBER
1.Case of the complainant:-
On 13/07/2020 complainant bought one Asus Zenbook UX430UA-GV573T Laptop from Amazon for an amount of Rs. 45,990/-(Rupees Forty five thousand nine hundred and ninety only) during a promotional offer named Asus Promo- Back to School offer from Asus India advertisement on the social media pages , news papers and from Amazon.in. Asus Promo –Back to School only available for those who buy the selected range of Laptop and the product complainant booked was listed as available to redeem the offer. Complainant registered for the offer through the opposite party website www.asuspromo.in which is made only for the offer managed by Asus India and opposite party gave a ticket No. BTS-056838 for future references and processing. From the offer complainant selected an extended warranty for Rs. 999/- and 1TB hard disc for Rs. 449/- and purchased the same for Rs. 1498/- on 25/8/2020 from AsusPromo.in. Thereafter they informed the complainant that the offer products will fulfil within 30 - 45 days from the date of purchase of the offer and complainant got an email for the same. Thereafter opposite party activated the extended warranty, but they did not fulfil 1TB hard disc till now. Complainant made about 50 calls and emails to Asus promos Customer Service team about this issue, but no response from them . At first opposite party said that the address given by complainant is not available to deliver the product by their courier team. Then complainant send an alternative address to them but opposite party did not deliver the product. After a long time complainant contacted opposite party, they said that the alternative address is given by complainant is also not deliverable. Then complainant again gave another address to opposite party , then they said that the product is at their courier department and complainant will surely get the product at the earliest. After 8 months of purchase , Asus India did not fulfil the order made by complainant . Hence this complaint.
2. Claim of the complainant is that he is entitled to get the product ordered by him - 1TB hard disc and the compensation of Rs. 60,000/- (Rupees Sixty thousand only) from opposite party.
3. On admission of the complaint notice was issued to the opposite party and notice served on them and they did not turn up. Hence opposite party set exparte.
4. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext. A1 to A6. Ext.A1 is the copy of Tax Invoice dated 13/07/2020, Ext.A2 is the copy of News report/Press release of Asus Promo Offer Ext.A3 is the copy of Home page of www.asuspromo.in-which is made only for the offer. Ext.A4 is the copy of Complainant’s profile page of Asus Promo .in –Ticket No.BTS-056838. Ext.B5 is the copy of cash transaction statement for the Asus Promo offer. Ext. A6 is the copy of screenshot of similar cheating complaint against Asus Promo.
5. The allegations against opposite party is proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Moreover complainant produced six documents which are very supportive to prove his case. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite party as alleged in the complaint. Hence we allow this complaint holding that opposite party is deficient in service.
- The opposite party is directed to give the offer product 1TB hard disc to complainant.
- The opposite party is also directed to pay compensation of Rs. 20,000/-(Rupees Twenty thousand only) to the complainant on account of deficiency in service on the part of opposite parties and thereby caused mental agony, physical hardships and sufferings to the complainant.
- The opposite party is also directed to pay Rs.5000/-(Rupees Five thousand only) as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite party is liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 18th day of January , 2022.
