Date of Filing: 02/08/2011

        Date of Order:15/10/2011

BEFORE THE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE -  20

Dated:  15^th DAY OF OCTOBER 2011

PRESENT

SRI.H.V.RAMACHANDRA RAO,B.SC.,B.L., PRESIDENT

SRI.KESHAV RAO PATIL, B.COM., M.A., LL.B., PGDPR, MEMBER

SMT.NIVEDITHA .J, B.SC.,LLB., MEMBER

COMPLAINT NO.1427 OF 2011

Kalpana.N,

R/at: S2, 3^rd Floor, Raghavendra

Gateway Apartment, Manjunath

Layout, R.T. Nagar,

BANGALORE-32.

(Rep. by In.person)                                                                     ….  Complainant.

V/s

Dell India Private Limited,

12/1, 12/2A, 3/1A, Divyashree Greens,

Ground Floor, Challaghatta Village, Varthur Hobli,

Old Airport Road, Inner Ring Road, Domlur Layout,

BANGALORE-560 071.                                                       …. Opposite Party.

BY SRI. H.V.RAMACHANDRA RAO, PRESIDENT

-: ORDER:-

The complainant has made this complaint seeking direction to the opposite party to replace faultless new laptop on making certain allegations.

2.       The opposite party has appeared through counsel and filed version admitting the transaction and agreeing to replace the laptop. 

3.       Today both the parties have filed Memo and the learned counsel for the opposite party submitted that they are going to replace the Laptop within 20 days.  Hence it is heard.

4.       The points that arise for our consideration are:-

:- POINTS:-

1. Whether there is deficiency in service?
2. What Order?

5.       Our findings are:-

Point (A) & (B)         :           As per the final Order

                                       for the following:- 

-:REASONS:-

Point A to B:-

6.       Reading the pleadings in conjunction with the documents on record, it is an admitted fact that the opposite party has delivered the laptop to the complainant which has been purchased by the complainant.  The laptop is defective.  The complainant wanted replacement of the laptop that has not been done till today.  Hence it is deficiency in service.  However the opposite party is ready to replace the laptop with a new defect less laptop within 20 days from today.  Hence we hold the above points accordingly and proceed to pass the following:-

-: ORDER:-

1. The Complaint is Allowed-in-part.
2. The opposite party is directed to replace the new defect less laptop to the complainant within 30 days from the date of this order failing which, it shall pay to the complainant the sum of Rs.60,000/- as compensation and costs.
3. Return the extra sets filed by the parties to the concerned as under Regulation 20(3) of the Consumer’s Protection Regulation 2005.
4. Send a copy of this order to both parties free of costs, immediately.

(Dictated to the Stenographer, transcribed and typed by him, corrected and then pronounced by us in the Open Forum on this the 15^th Day of October 2011)

MEMBER                                       MEMBER                            PRESIDENT