Delhi

East Delhi

CC/50/2014

VIKAS SHARMA - Complainant(s)

Versus

BANAAM ARROW - Opp.Party(s)

25 Nov 2016

ORDER

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

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

                                                                                                  Consumer complaint no.            50/ 2014

                                                                                                  Date of Institution                  24/01/2014

                                                                                                  Order Reserved on                 25/11/2016

                                                                                                  Date of Order                           06/12/2016   

                                                                                                        

In matter of

Mr. Vikas Sharma, adult 

S/o Sh Ram Kishan Sharma

Village Lalpur, PO Shaulana

Distt. Hapur, UP………………………………..……………….……..…………….Complainant

                                                                  

                                                                     Vs

M/s Arrow Informatics Pvt Ltd.

Show Room- R 18, Rita Block

Shakarpur, Main Vikas Marg  Delhi 110092

 

Also at –

115, Priya Enclave,

Nr Karakrduma Court

Delhi 110092……………………….……………………….………………………  Opponents

 

Complainant……………………………………In Person

Opponent ……....………………………………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                    

Complainant purchased a Dell laptop from OP show room on 02/04/2013 for a sum of Rs 42,500/-vide invoice no 336 marked as CW1/1, but OP did not give warranty card for laptop. Even after asking, OP assured to give after one week. But complainant did not get any warranty card even repeated visit to OP show room. As complainant was a student studying at Haridwar and pursuing his PhD degree, so he took the laptop for his study, but after 15 days, the said laptop was not functioning properly.

 

 

Complainant asked for guarantee /warranty card till 17/09/2013, but did not get, so wrote a letter to Dell head office marked as CW1/2 who replied that Arrow Informatics Pvt Ltd was a black listed dealer and had no authority to sell Dell products for sale in India, marked here as CW1/3. Thereafter, he wrote letter to manager of OP for replacement of new laptop or refund the amount, but OP did not reply.  So, he filed this complaint and claimed replacement of laptop of same co. with compensation for mental and physical harassment as he could not pursue his PhD degree programe.  

Notices were served. OP did not put their appearance nor submitted written statement. After postal department tracking report that item was delivered, so case proceeded Ex Parte. Complainant filed his Ex Parte Evidence. Arguments were heard and order was reserved.

We have perused all the facts and evidences filed by complainant. It was evident that the said laptop was purchased from OP showroom, but complainant did not get warranty card nor disclosed laptop’s genuineness as whether OP was authorized to sell this product in India.

It was noted that retail invoice had TIN number as 07570182373 and 5% Vat was already paid by OP, shows that the OP was doing his business properly and correctly and maintaining his tax procedure correctly. But getting Dell head office information that OP was a black listed dealer and had no authority to sell Dell Laptop in India for commercial use, but products were only for Middle East.  

We have opined that OP is dealing in unfair trade practice and harassing innocent customers for illegal gain of money by way of cheating. Mentioning TIN no. on retail invoice creates false impression among society that OP was a fair dealing person.

Complainant had proved deficiency in services of OP and also unfair trade practice under his complaint. So, this complaint is allowed and following order is passed.

OP is directed to refund the amount paid by complainant sum of Rs 42,500/-with 9% interest      from the date of institution of this complaint within 30 days from receiving of this order.

We also award sum of Rs 5000/ as compensation for mental harassment and agony.

If awarded amount is not paid within time, complainant shall be entitled for same interest till realized.  

 

Copy of this order be sent to Income Tax Commissioner, New Delhi for taking appropriate action against such person who take shelter of TIN and doing unfair trade practice.  

The action taken by the Income Tax Commissioner, New Delhi, be informed to this Forum accordingly.  

The copy of this order be sent to the parties as per rules and file be consigned to the Record Room.

 

Mrs Harpreet Kaur  Member                                                               (Dr) P N Tiwari  Member

                                                                 

                                                     Shri Sukhdev Singh  President