Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 31.03.2016
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 price of Laptop as mentioned in the invoice dated 31.01.2012 to complainant along with the interest @ 18% per annum from the date of purchase till full and final payment of such amount.
- To pay Rs. 1,00,000/- ( Rs. One Lack only ) as compensation.
- To pay Rs. 10,000/- ( Rs. Ten Thousand only ) as litigation costs.
- Brief facts of the case which led to the filing of complaint are as follows:-
The complainant has asserted that he has purchased a new Dell Laptop from opposite party no. 2on 31.01.2012 for his personal use vide annexure – 1 after paying the total price of Rs. 45,300/-. After purchasing the aforesaid Laptop the complainant operated the aforesaid Laptop according to aforesaid instruction of the staff of opposite party no. 2 and the documents containing the important warranty was supplied to the complainant vide annexure – 2. In course of operating the aforesaid Laptop complainant found that the Laptop was not functioning properly and he lodged the complaint with opposite party no. 2 and requested to rectify the defects but he was informed that he should lodge the complaint with Customer care. Thereafter, he lodged the complaint to Customer Care and his complaint was registered as complaint no. 860056886 and was assured that defect would be removed within 3 working days but no any Engineer visited the complainant for rectifying the defect for two weeks.
The complainant again lodged complaint to Customer Care being complaint no. 863284771 but no step has been taken.
From judicial record it transpires that despite registered notice when no one appeared on behalf of the opposite parties, then valid Tamila was declared vide order dated 29.08.2013 because registered notice did not returned unserved and thereafter the case was heard ex parte because after allowing several adjournments opposite parties did not choose to appear.
It is needless to say that as there is no counter version of the fact asserted in the complaint petition hence we have no option but to accept the fact in toto because the fact have been asserted on affidavit by the complainant.
We further find and hold that fact asserted by the complainant in the complaint petition discloses deficiency on the part of opposite parties.
We hereby direct opposite party no. 2 to refund the price of Laptop to the complainant i.e. 45,300/- which they have received vide annexure – 1 within the period of two months from the date of receipt of this order or certified copy of this order failing which opposite party no. 2 will have to pay an interest @ 12% on the aforesaid amount of Rs. 45,300/- till its final payment is made.
We further direct the opposite party no. 2 to pay Rs. 10,000/- to the complainant by way of compensation and litigation costs within the period of two months.
It is made clear that after receipt of aforesaid amount from opposite party, the complainant will return the aforesaid Laptop if the same is in his custody and if it is in the custody of service center then the opposite parties will collect from there.
We want to make it clear that both parties are jointly and severally responsible for deficiency hence opposite party no. 2 will be at liberty to realize the aforesaid amount in proportion from opposite party no. 1.
Accordingly, this case stands allowed to the extent indicated above.
Member President
