Ex-P A R T E   O R D E R

PER SHRI. S. G. CHABUKSWAR – HON’BLE  MEMBER 

1)        The Complainant by this complaint claimed the reliefs of recovery of price amount of Laptop Rs.40,300.78 paise with interest @ 18% p.a. from 16/10/2011, Rs.25,000/- towards physical & mental harassment, Rs.15,000/- towards loss and Rs.10,000/- cost of the complaint.

2)        The facts leading to the filing of this complaint are as follows –

          The Complainant is a housewife and also a private tutor.  The Opposite Party is a multi-national Company manufacturing computer system.  The Complainant had purchased, on-line (via internet) one Dell Inspiron 15R (N5110) Laptop computer under invoice number 8040370069 dtd.16/10/2011 carrying service tag No.26TR7R1 from the Opposite Party for Rs.40,300.78 paise. When she started using the said Laptop she noticed defect relating to hardware in the Laptop.  When she contacted with the Opposite Party on its toll free number she was assured that the same shall be repaired by replacing the faulty component.  Since it was a brand new Laptop she asked for replacement which request was accepted by the Opposite Party.  Accordingly Opposite Party collected from her Laptop on 26/10/2011.

3)        According to the Complainant she received by a courier a new Laptop as a replacement under Tax Invoice No.8040388025 dtd.07/11/2011 carrying service tag No.4S1NWQ1.  The replaced unit was also not free from defect.  The Opposite Party once again replaced it under Tax Invoice No.8040396029 dtd.21/11/2011 carrying service Tag No.5HFP7R1.  The Complainant again found the Laptop to be defective and the same was replaced under the Tax Invoice No.8040440441 dtd.03/02/2012 carrying service tag No.C3QQ7R1. Thus, the original unit purchased by the Complainant on 16/10/2011 was replaced thrice but despite that the Complainant did not get a defect free Laptop.  The Opposite Party was unable to rectify the defect therefore, she asked for refund of price.  Opposite Party gave proposal of repair of Laptop but she did not agree for the same.  She asked for replacement of Laptop with some other model (similar or better) with no technical issues or otherwise refund of purchase price. The Complainant was asked by the Opposite Party by e-mail dtd.14/03/2012 for furnishing her bank details so that refund could be processed.  Accordingly she furnished it on the same day.     

4)        According to the Complainant, on 16/03/2012 she received an e-mail asking her to keep the unit packed and ready for the refund formalities.  On 17/03/2012 the Laptop was collected from her by the Blue Dart Courier on behalf of the Opposite Party.  After return of the Laptop she did not receive any refund of the purchase price despite numerous phone calls, e-mails, representations, requests, remainders.

5)        Lastly on 07/05/2012, the Complainant received from the Opposite Party e-mail stating that she had not returned the Laptop with service tag No.C3227R1 but instead of it she retuned some other Laptop.  The Opposite Party changed his stand after receiving the Laptop from her and trying dishonestly wriggle out of the commitment of refund of the price.  The Opposite Party replaced the defective Laptop after November, 2011 twice but never contended that the Complainant had returned wrong Laptop.  The Opposite Party repeated the false allegation and refused to refund the purchase price by the e-mail dtd.04/06/2012.  She could not use the new Laptop from 16/11/2011 to 17/03/2012 and thereafter till the filing of the complaint.

6)        According to the Complainant, she purchased the Laptop after examining the specification advertised for the specific reason of availing better quality performance.  She had relied upon the representation and claims made by the Opposite Party and had acted upon the assurance of quality sought to be projected.  On the contrary she found that the Laptop was far below the expected standard.  She was compelled not only to put up with the inconvenience of getting the work done outside every now and then but was also compelled to incur unnecessary and unavoidable expense for getting the work done outside. She also suffered loss, mental harassment and hardship. The Opposite Party is guilty of gross deficiency in service and also of unfair trade practice.  Lastly she called upon the Opposite Party through the notice dtd.30/08/2012 and asked for refund of purchase price Rs.40,300.78 paise with interest @ 18% p.a. The Opposite Party served with the said notice but failed to comply it. Hence, this complaint.

7)        The Opposite Party duly served with the notice of this complaint but remained absent hence, complaint proceeded ex-parte against Opposite Party.  The Complainant submitted her evidence on affidavit on 30/10/2013.  She has also submitted various documents alongwith complaint. She has filed written notes of arguments on 30/12/2013.  We have gone through the evidence of Complainant.  We heard Shri. Amol Desai, Advocate for the Complainant. 

8)        Opposite Party did not appear and denied the allegation of the Complainant.  The pleading, evidence on affidavit and documents submitted by the Complainant remained unchallenged. There is no any reason on record to disbelieve the above evidence of the Complainant.  Therefore, we hold that the Opposite Party has given defective Laptop to the Complainant by accepting purchase price Rs.40,300.78 paise.  The Opposite Party on three occasions replaced the Laptop but every time defective Laptop received to the Complainant.  The Opposite Party failed to return the purchase price of Laptop to the Complainant.  The Opposite Party got the defective Laptop from the Complainant through the Blue Dart Courier. The Opposite Party adopted unfair trade practice and there is deficiency in service. Thus, we hold that Complainant is entitled to the purchase price of Laptop with interest @ 6% from the date of its purchase i.e. 16/10/2011.  The Opposite Party has also caused mental torture to the Complainant by which she could not use the said Laptop. The Complainant is thus, entitled to the compensation Rs.4,000/- towards the mental torture and inconvenience caused in the use of Laptop. She is also entitled to Rs.2,500/- towards cost of this complaint.  In the result the complaint deserved to be partly allowed with cost.  Therefore, we pass the following order –

O R D E R

1. Complaint No.84/2013 is partly allowed with cost against Opposite Party.
2. Opposite Party is directed to pay to the Complainant Rs.40,300/- (Rs.Forty Thousand Three Hundred Only) price of the Laptop with interest @ 6% p.a. from 16/10/2011 till its realization.  
3. Opposite Party is directed to pay to the Complainant Rs.4,000/-(Rs.Four Thousand Only) towards compensation of mental harassment and inconvenience caused to her. 
4. Opposite Party is directed to pay to the Complainant Rs.2,500/- (Rs.Two Thousand Five Hundred Only) towards the cost of this complaint. 
5. Opposite Party is directed to pay to the Complainant the amount mentioned in above para Nos. ii, iii & iv to the Complainant within 45 days from the date of service of this order.  
6. Certified copies of this order be furnished to the parties.