DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB    : PRESIDENT

Smt. PRIYA.S, BAL, LLB, MBA (HRM) :  MEMBER

Wednesday the 22^th day of May 2024

CC.65/2024

Complainant

Rekha. R.S,

Krishna Kripa (HO),

Kunnamcheri, Morikkara.P.O,

Kakkodi, Kozhikode – 673611

            (By Adv.  Smt. Adhithya. K, Sri. Kamal Roy. M)

Opposite Parties

1.                     Avita India,

North, Bakkuendo Apex Square-2,

5/B3, Sector 17, Dwarka,

New Delhi - 110075

2.                    Lenovo Service Centre-CTDI,

Global Infocom, MA Complex,

Annie Hall Road, Palayam,

                              Kozhikode.

3.                    MYG Future,

AI Towar Centre,

Pottammal Junction,

                              Kozhikode.

ORDER

By Sri. P.C. PAULACHEN  – PRESIDENT              

            This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.

2. On 24/12/2020 the complainant purchased an Avita Metallic Black Laptop (Pura14 Ci3-8145U/4GB RAM/256GB SSD/14 INCH) from the third opposite party paying Rs. 26,470.59/-. Later the laptop encountered a critical malfunction of an auto key issue during the warranty period.  She approached the second opposite party service centre as instructed by the third opposite party for service/repairs. On 18/11/2022 she registered a service request for the above issue. The laptop was returned to the complainant by the second opposite party stating that they would contact her as and when the spare parts reach from the manufacturer (first opposite party).
3. But nothing was heard from the service centre thereafter. After a long period of silence from the service centre, the complainant learnt after 8 months of warranty that the contractual relationship between the service centre and the manufacturer had ended. Thereafter she contacted the customer care service of the manufacturer for assistance. However, on 31/08/2023 the representative of the manufacturer via watsapp informed the complainant that the warranty period of the product had expired. There was no further response from their part. The notice issued by the complainant to the opposite parties on 7/10/2023 evoked no response. Hence the complaint to direct the opposite parties to pay Rs. 1,00,000/- as cost of the laptop  and to direct them to replace the defective laptop with a new advanced model and to pay compensation and cost of the proceedings.
4. The opposite parties were set ex-parte.
5. The points that arise for determination in this complaint are;                                                                                                                        1) Whether there was any unfair trade practice or deficiency of service on the part of the opposite parties, as alleged?                        2) Reliefs and costs.
6.  The complainant was examined as PW1 and  Exts A1 and A2 were marked.   
7. Heard.
8. Point No.1:-   The first opposite party is the manufacturer, the third opposite party is the dealer and the second opposite party is the authorised service centre of Avita laptop. The complainant purchased an Avita Metallic Black laptop (Pura14 Ci3-8145U/4GB RAM/256GB SSD/14 INCH) on 24/12/2020. The product had a warranty of 2 years. The laptop became defective during the warranty period and the defect was ‘key auto run’. She approached the service centre on 18/11/2022. The grievance of the complainant is that no action was taken by the opposite parties to address her concerns over the laptop even after lapse of several months.  
9. PW1, who is none other than the complainant,  has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the copy of the tax invoice dated 24/12/2020 and Ext A2 is the copy of the acknowledgment of service request dated 18/11/2022.
10. The evidence of PW1 stands unchallenged. The opposite parties have not turned up to file version. The opposite parties have not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked by the complainant. There is no contra evidence to disprove the claim. The case of the complainant stands proved through the testimony of PW1 and Exts A1 and A2.
11. The act of the opposite parties in not attending the grievance of the complainant with regard to the laptop and that too during the warranty period amounts to gross deficiency of service and unfair trade practice. The opposite parties are bound to repair the laptop and make it in a sound working condition or in the alternative, refund the price after taking back the laptop. Undoubtedly, the act of the opposite parties has resulted in gross mental agony and inconvenience to the complainant, for which, she is entitled to be compensated adequately. Considering the entire facts and circumstances, we are of the view that a sum of Rs. 10,000/- will be reasonable compensation in this regard. The complainant is also entitled to get Rs. 3,000/- as cost of the proceedings. The opposite parties are jointly and severally liable. 
12. Point No. 2:- In the light of the finding on the above point, the complaint is disposed of as follows;

                  a)  CC.65/2024 is allowed in part.

b) The opposite parties are hereby directed to repair/service the Avita Metallic Black Laptop (Pura14 Ci3-8145U/4GB RAM/256GB SSD/14 INCH) (Invoice No. I-POT-47568) of the complainant and make it in a sound working condition within 30 days of the receipt of copy of this order, or in the alternative, refund its price amounting to Rs. 26,470.59/- (Rupees twenty six thousand four hundred and seventy and 59 paise) to the complainant, after taking back the laptop. It is made clear that the complainant shall not be required to pay any charges for the said repair.

c)  The opposite parties are hereby directed to pay a sum of Rs. 10,000/- (Rupees ten thousand only) to the complainant as compensation for the mental agony and hardship suffered.

d) The opposite parties are directed to pay a sum of Rs. 3,000/- (Rupees three thousand only) as cost of the proceedings to the complainant. 

e)  The order shall be complied with within 30 days of receipt of copy of this order.

Pronounced in open Commission on this, the   22^nd day of  May,  2024.

Date of Filing:  03.02.2024

                                                    Sd/-                                                                                                 Sd/-

                                            PRESIDENT                                                                                    MEMBER

APPENDIX

Exhibits for the Complainant :

Ext.A1 – Copy of the tax invoice dated 24/12/2020.

Ext.A2 – Copy of the acknowledgment of service request dated 18/11/2022.

Exhibits for the Opposite Party

Nil.

Witnesses for the Complainant

PW1 -  Rekha. R.S (Complainant)     

                                               Sd/-                                                                                                     Sd/-

                                       PRESIDENT                                                                                        MEMBER

True Copy,      

                                                                                                                                                Sd/-

                                                                                                                                    Assistant Registrar.