PBEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.

Dated this the 30^th day of November 2011

                                                                                                        Filed on : 30/01/2010

Present :

          Shri. A  Rajesh,                                                     President.

Shri. Paul Gomez, Member.                                   Member.

Smt. C.K. Lekhamma,                                           Member

C.C. No. 44/2010

     Between

Aneesh Sreedharan,                       :         Complainant

Velimattathil house,                              (By Adv. Mathew.M.

Adimaly, Idukki District,                          Mannoor Ettonnil)

Kerala.

                                                And

1. Dell  India Private Ltd.,                 :        Opposite parties

    Bivya Shree Greens,                                     (By Adv. Manoj R,

    Ground Floor, S. No. 12/1,                   Embees Building, Combara,

    12/24, 13/14, Challegetha                             Cochin)

    Village, Varthur Hobli,

    Bangalore South, Pin-560 007.

2. Focus Solutions,

   Shop No. 86 & 87,

   1^st floor, DD Milestone,

   Kadavanthra, Kochi-20.               

                                          O R D E R

A  Rajesh, President.

          According to the complainant on 15-01-2009 he purchased a lap top from the 2^nd opposite party at a price of Rs. 40,000/- which was manufactured by the 1^st opposite party.   It is contented that  immediately  after the purchase  the machine became defunct and the opposite parties could not repair the same.  It is further contended that the device suffers from manufacturing defect and he is entitled to get refund of the price together with compensation of Rs.  10,000/-.  This complaint hence.

          2. The 1^st opposite party vehemently refuted   the contentions in the complaint.  However they state in their version as follows:

          It is pertinent to mention here that once the technical team determined that the damage to the Laptop accrued due to accidental mishandling, they advised the Complainant  to convert the warranty terms to complete cover warranty, which would have  entitled him to get the LCD replaced free of cost.  The Complainant categorically refused to upgrade the warranty.  Despite this refusal, as a gesture of goodwill and to maintain its high standards of customer care opposite party No. 1 offered to replace the LCD free of cost.

          3. The point that arose for consideration are whether the complainant is entitled to get refund of the price of the lap top together with compensation of Rs. 10,000/-

          4. Both the parties have chosen not to adduce evidence to substantiate their contentions for their own reasons.

          5. Considering the above willingness on the part of the 1^st opposite party in their version expressing  ready and willingness to replace the LCD free of cost would meet the ends of justice and the relief of the complainant.  Ordered accordingly.                

Pronounced in the open Forum on this the 30^th day of November 2011

            Sd/  A Rajesh, President,

          Sd/- Paul Gomez, Member,

          Sd/- C.K. Lekhamma, Member.

          Forwarded/By Order,

          Senior Superintendent.