Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 31.08.2016
Smt. Karishma Mandal
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to refund the full price of said laptop paid at the time of purchase along with @ 18% per annum from 16.03.2012 till full and final.
- To direct the opposite parties to pay Rs. 30,000/- ( Rs. Thirty Thousand only ) as compensation.
- To direct the opposite parties to pay Rs. 10,000/- ( Rs. Ten Thousand only ) as litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that on the advice of Manager Cyber World he has purchased a Dell Vastro 4155 ( Black) 1450 Laptop from Cyber World on 16.03.2012 for his personal use. After paying the price of Rs. 36,500/- as will appear from annexure – 1. After purchasing the aforesaid Laptop complainant noticed that the said laptop was not functioning properly and satisfactorily and as such he immediately lodged the complaint with Dell Customer Care and thereafter one technician / engineer approached the complainant. The engineer rectified the defect of the Laptop and told the complainant that the Laptop is not equipped with 1GB ATI Graphics card and there is only three month warranty on the said laptop. The warranty card has been annexed as annexure – 2 of the complaint petition. Thereafter the complainant again approached the opposite party no. 3 i.e. ( Cyber World) and lodged complaint and requested to replace the said laptop with another dell branded Laptop which is configured with Intel Core I5 processor 500 GB HDD, 4 GB RAM, 1GB ATI Graphics Card but opposite party no. 3 totally ignored the request made by the complainant. The complainant has requested the opposite party no. 3 and in this connection he has written letter to opposite party no. 2 but no result.
The learned counsel for the complainant has asserted that the aforesaid dell Laptop is not functioning well and not worth of working with the complainant who stand cheated and misguided by opposite party no. 3 in purchase of the aforesaid Laptop.
From the record it appears that despite the registered notice when the opposite parties did not appeared then vide order dated 28.06.2013 and 10.12.2013 this case was directed to be heard ex parte. Despite the aforesaid fact several adjournments were also granted by the Forum to enable the opposite parties to appear and file written statement but they choose not to appear for the best reason known to them.
As there is no counter version of the opposite parties of the fact asserted by the complainant on affidavit hence we have no option but to accept the fact asserted on the affidavit which definitely disclose gross deficiency in service.
From the reason stated above we direct the opposite parties jointly and severally to refund the full price of the Laptop which the complainant had paid vide annexure – 1 i.e. Rs. 36,500/- ( Rs. Thirty Six Thousand Five Hundred only ) within the period of two months from the date of receipt of this order or certified copy of this order failing which the opposite parties will have to pay an interest @ 12% on the said amount i.e. Rs. 36,500/- ( Rs. Thirty Six Thousand Five Hundred only ) till its full and final payment.
We further direct the opposite parties jointly and severally to pay Rs. 10,000/- ( Rs. Ten Thousand only ) to the complainant by way of compensation and litigation costs within the period of two months.
Accordingly this complaint stands allowed to the extent referred above.
Member President
