Quorum  : Sh. K.S. Mohi, President

                   Sh. Vikram Kumar Dabas, Member                            

                  Mrs. Manju Bala Sharma, Member

                                                              ORDER                                        

Sh. Vikram Kumar Dabas, Member                       

1.  The complainants has filed the present complaint on 14-10-2016 U/s 12 of the Consumer Protection Act, 1986 .  The facts as alleged in the complaint are that the complainant had purchased a Dell Laptop INS15 5^th C15 from OP2 on 17/06/2015 for  a sum of Rs 55,500/- along with some other items i.e.   Dell Laptop Bag Pack, HP Printer Deskjet Ink Adv 3545 e-AIO, Mcfee Antivirus.  It is alleged by the complainant that the  laptop supplied to them was defective from the very beginning and they have lodged a complaint with OP1 through serial no. 912945867 . OP1 had responded to the complainant by replacing  LCD and LCD cable of the laptop. However the problem still persisted for which the complainants took up the matter with the OPs. OP1 replaced the Laptop vide invoice dated 31-08-2015.  It is further alleged by the complainants that the replaced laptop was also defective and on a complaint a service engineer of the OP replaced the RAM but the problem could not be remedied.  The service engineer then recommended to replace the LED etc  and the complainants were informed that as per the companies policy the replacement is made by refurbished parts  rather than by new spare parts.   The complainants therefore refused and took up the matter with the OPs.  The OPs however  refused to see reason and resolve the complaint.  Hence this complaint wherein the complainants have alleged unfair trade practice on the part of OPs besides deficiency in service.
2.  A notice of the complaint was served on the OPs who choose not to contest the complaint and were ordered to be proceeded with ex-parte.   In support of  their complaint the complainants have placed on record a delivery note dated 17.06.2015 showing purchase of the laptop for Rs. 55,500/-.  The complainants have also placed on record the correspondence exchanged between the parties and the service report showing the defects in the replaced laptop.  Complainant no. 1 Bharti Gupta has filed her own affidavit wherein she has corroborated the contents of the complaint.
3. As already stated the OPs have chosen not to complaint and have not refuted the allegations made therein.  The documents placed on record and the affidavit of the complainant amply prove deficiency of service on the part of OP1.  There is no reason as to why the affidavit filed on record by the complainant and the documents placed on record be not believed.  Therefore , while holding deficiency of service on part of OP1 we direct OP1 as under:

1. Pay to the complainants a sum of Rs 55,500/- along with interest @ 10% p.a. from the date of institution of this complaint i.e. 14-10-2016 till payment.
2. Pay to the complainants a sum of Rs 10,000/- as compensation for pain and agony suffered by them.
3. Pay to the complainants a sum of Rs 5000/- as litigation cost.
4. On payment of the aforesaid amount OP1 shall take back the laptop  and its accessories from the premises of complainants.

4. The OP1  shall comply the order within 30 days from the date of receipt of this order failing which interest @ 9% shall be payable on the entire above mentioned amount from the date of this order till realization.
5. Copy of the order be sent to the parties as per rules.  File be consigned to record room.

                   Announced this ___________day of __________2017.