BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT

SHRI. P. SUDHIR                               :         PRESIDENT

SMT. SATHI. R                                  :         MEMBER

SMT. LIJU B. NAIR                           :         MEMBER

                                              C.C.No: 450/2015     Filed on 28/09/2015

                                            Dated: 20..04..2016

Complainant:

Anil Kumar. A., TC.20/400(2) Flat No.102, Innovative Housing Scheme, Rajiv Nagar, Melarannoor, Karamana-P.O., Thiruvananthapuram – 695 002.

                 (Party in person)

Opposite parties:

1. Dell India, 177.4 Mi-Inner Ring Road, Bangalore, India – 560 078.

2.MK Solutions, Dell Authorised Service Centre, TC.12/1222(7) Opp IMG, Law College Jn., PMG, Thiruvananthapuram – 695 033.

This C.C having been heard on 09..02..2016, the Forum on 20..04..2016  delivered the following:

ORDER

SHRI. P. SUDHIR, PRESIDENT:

         Complainant’s case is that he has purchased a Dell inspiron 3442 model Laptop on 13/08/2014 from the opposite parties. Within a short span many defects arrised. Display became defective and complainant informed in Dell Customer Care as well as with the 2^nd opposite party.  The defect was rectified and the same defect arrived subsequently and again it was rectified. Total 4 times the same thing repeated. Complainant requested for replacement of Laptop within warranty period which was denied by the opposite parties, but only ready to give refurbished Laptop for which complainant was not ready. After some days the Laptop became defective and complainant handed over the Laptop to 2^nd opposite party and complaint has registered in the Customer Care. Complainant again requested for replacement of the Laptop but 2^nd opposite party replaced the mother board and display and assured a replacement of the Laptop if become defective. Again the Laptop became defective and complainant handed over the same to 2^nd opposite party. Complainant made repeated demands for getting the Laptop replaced but all in vain and complainant approached this Forum for getting refund and damages, since he lost faith in the brand of opposite parties.         

         2. Notice sent to opposite parties and the opposite parties not turned up and opposite parties set exparte.

         3. Issues:

(i) Whether there is deficiency of service and unfair trade practice on the part of the opposite parties?

         (ii) Whether the complainant is entitled for the relief sought for?

         4. Issues (i) & (ii):  Complainant filed chief examination affidavit and Exts. P1 to P3 marked. Since there is no contra evidence we have no other option but to proceed with the evidence in hand. Perusing the available evidence it is seen that there is deficiency of service and unfair trade practice on the part of opposite parties. We are of the opinion that complainant is entitled to get full refund and damages. The opposite parties are jointly and severally liable to refund  Rs. 37,900/- to complainant and also Rs. 10,000/- as compensation for the mental agony suffered by the complainant and Rs. 3,000/- towards the cost of this proceedings.

         In the result, complaint is allowed and opposite parties are jointly and severally liable to pay Rs. 37,900/- as cost of the Laptop and Rs. 10,000/- as compensation for the mental agony suffered by the complainant and Rs. 3,000/- towards the cost of this proceedings to complainant within one month from the receipt of this order, failing which complainant is entitled to realise the entire amount with interest @ 9% per annum from the date of default.   

          A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 20^th day of  April, 2016.                                                   

  Sd/-P. SUDHIR                       :         PRESIDENT

 Sd/-R. SATHI                 :         MEMBER

  Ad.                        Sd/-LIJU B. NAIR         :         MEMBER

C.C.No: 450/2015

APPENDIX

   I.  Complainant’s witness                  :         N I L

 II.  Complainant’s documents:

          P1      :  Copy of retail invoice bill dated 13/08/2014

          P2 series

          (a)      :  Copy of work order dated 24/07/2015

          (b)     :  Copy of SDAR Report

          ©       :  Work order dated 31/08/2015

          (d)     :  work order dated 29/11/2014

          (e)      : SDAR Report dated 11/08/2015

          (f)      :  SDAR report dated 21/05/2015

          P3 series

          (a)      :  G-mail from Dell Technical support to Anilkumar.A dated 8/7/15

          (b)     :  G-mail Dell inspiron to Anilkumar dated 15/09/2015

          ©       :  G-mail Dell technical support dated 11/07/2015

          (d)     :  G-mail from Dell technical support dated 21/09/2015

          (e)      :  G-mail Dell Technical support dated 28/09/2015

          (f)      :  G-mail Dell premier support dated 14/09/2015

          (g)     :  G-mail Dell premier support dated 17/09/2015

III.     Opposite parties’ witness           :         N I L

 IV.    Opposite parties’ documents      :         N I L

Sd/- PRESIDENT

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