Date of Filing:17.03.2009<br /> Date of Order:31.07.2009<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 31ST DAY OF JULY 2009<br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> COMPLAINT NO: 613 OF 2009<br /> <br /> Upender Kumar Rathore,<br /> S/o Mahaveer Prasad Rathore,<br /> R/at Indian Institution of Plantation <br /> Management, Mallathali, Near AIT,<br /> Bangalore-560 056. Complainant<br /> <br /> <br /> V/S<br /> 1. Caddons Computer Services Pvt. Ltd., (K)<br /> # 17 & 18, J.K. Towers, 80 feet road,<br /> 5th Block, Koramangala, Bangalore-95.<br /> <br /> 2. Lenovo Customer Service,<br /> 301, II Floor, Oxford House, <br /> Rustumbagh Road, Old Airport Road,<br /> Near Manipal Hospital, Bangalore. Opposite Parties<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed by the complainant stating that, the complainant had purchased Laptop Lenovo Y510, 775852Q ME 14269 from the opposite party No.1 the dealer on 29/08/2008. Dealer had promised him one year additional Warrantee Card and accessories at the time of purchase and he told that he will send the accessories through e-mail. After two days of purchase the complainant rangup to the shop owner and also e-mailed to send guarantee card. He told that he is going to send it within a week. Complainant informed the matter to the customer care representative. Dealer had promised that if any problem in the TV tuner or any parts in that case he will be responsible for the same. Complainant visited the service center, the Engineer told that he is going to do the service within 48 hours and therefore he left the Laptop with the service center on 28/02/2008. After two days he visited the service center they told that they will deliver the laptop on Saturday, but failed to do so. He called the customer care. Laptop was delivered after 12 days of giving to the service. Service boy came and checked it, but TV tuner is not working. When he used the laptop same problem existed. Again he called the customer care. After four days the Engineer had taken back the Laptop for repairs. After complaining several times he did not return it back to the complainant. He may be compensated Rs.78,000/- for mental agony and harassment caused to him and the opposite party may be directed to give mouse and headphone. <br /> 2. Notice was issued to opposite partyNo.1 and 2 by RPAD. Notice was served to them. In spite of service of notice they have not appeared before this Forum and therefore they are placed exparte. <br /> 3. The complainant has filed his affidavit evidence. Perused the documents and affidavit. The complainant has produced tax invoice to show that he has purchased Laptop from opposite party No.1 for Rs.45,000/-on 29/08/2008. He has also produced receipt issued by the opposite party No.1 for Rs.45,000/-. The complainant has produced customer service report two in number of opposite party No.2. The problem with the Laptop is also mentioned in this report stating that some keys are not working in keyboard and system is slow and in the second service report TV tuner, keyboard, system slow and windows have stopped working. The first customer service report is dated 07/03/2009 and second service report is 14/03/2009. By the customer service report it is very clear that the Laptop purchased by the complainant is defective one and it was not working perfectly. The Laptop had problem. TV tuner was not working and system was slow, windows have also stopped working. It is very shocking and troublesome to any purchaser of new goods and it is found that the new item is not working properly. The complainant was invested huge amount of Rs.45,000/- in purchasing Laptop and it developed problem within one month from the date of purchase. He gave Laptop for service. Even after service the Laptop was not working properly. The complainant submitted during the course of arguments that totally he has given Laptop for service six times and he is totally unhappy with the quality of the product. The complainant submitted that the Laptop is with him at present and requested for replacement of product which will be free from defects. The complainant submitted that the dealer had promised to give mouse and headphone at the time of purchase of the Laptop. But as per his promise the dealer has not given mouse and headphone. Therefore, he requested that opposite party No.1 be directed to give accessories that is mouse and headphone free of cost as promised by the dealer. There is considerable force in his submission. The case put up by the complainant has gone unchallenged. The opposite parties have not appeared and contested the matter. Therefore, there is absolutely no reason to disbelieve the case of the complainant. The complainant prayed for grant of compensation of Rs.78,000/- for mental agony and harassment caused to him due to defective laptop. Taking into consideration of the facts and the time and energy spent by the complainant in rectifying the defects, the complainant has definitely suffered mental tension and stress. Therefore, he shall be suitably compensated for the mental agony and stress. On the facts and circumstances of the case, the grant of compensation of Rs.15,000/- will meet the ends of justice towards mental agony, tension and stress. The opposite party No.1 and 2 shall have to pay this compensation jointly and severally to the complainant for all the sufferings and inconvenience caused to the complainant. In the result, I proceed to pass the following:-<br /> <br /> ORDER<br /> 4. The complaint is allowed. The opposite party No.1 is directed to give mouse and headphone to the complainant free of costs immediately.<br /> 5. The opposite party No.1 and 2 are jointly and severally directed to pay compensation of Rs.15,000/- to the complainant for mental agony and stress within 30 days from the date of this order. In the event of non-compliance of the order within 30 days the above amount carries interest at 9% p.a from the date of this order. <br /> 6. Send the copy of this Order to both the parties free of costs immediately as per statutory requirement. <br /> 7. Pronounced in the Open Forum on this 31ST DAY OF JULY-2009. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> <br /> MEMBER MEMBER<br /> Rhr., <br /> <br />