ORDER

        The complainant filed this complaint seeking refund of Rs.96,312/-  being the cost of laptop purchased from OP along with interest at 24% on the said amount as damages, for Rs.37,671/- being the amount spent to purchase a new desktop, for Rs.1,00,000/- as compensation for causing mental agony and trauma suffered and for other reliefs as the Commission deems fit.

        2.     In a nutshell very brief facts of the complaint are, that he purchased a laptop in 2009 and afterwards the same was exchanged for dell laptop ins.552315Z with a complete cover warrantee till 17.01.2016 and the said laptop became dead due to various problems which was taken to service centre of OP who did not repair it properly and hence he had to purchase a desktop by paying Rs.37,671/- and hence there is deficiency in service and hence the complaint.

        3.     OP after appearance by filing the version has denied all the allegations made against it and also has filed the details on which date the laptop was repaired and handed over to the complainant.  It prayed the Commission to dismiss the complaint as there is no deficiency on its part and the demand of the complainant is unrighteous only made to get compensation and the complainant refused to allow engineers to inspect the laptop to address the alleged issues and demanding to provide a brand new system as replacement.  He has used the laptop without any issue for more than two years after the date of replacement and more than six years after the date of initial purchase and hence prayed the Commission to dismiss the complaint.

        4.     After adducing of the evidence by both the parties, OP has come up with a Memo stating that, it is ready to provide one time repair service as a goodwill gesture, however, no additional warrantee could be provided.  The copy of the email sent to the complainant is also filed to the Commission.  Upon which this Commission issued notice to the complainant to hear his say.  He did not appear in response to the same and has not at all stated anything in respect of the proposal made by the OP.

        5.     We have gone through the entire evidence and documents.  During 2009, the complainant purchased the laptop for the first time and after using the same with some issues which was attended by the OP the same was replaced with a refurbished laptop during March 2013 and the earlier one purchased by him was sold for Rs.45,000/- to Rs.50000/- .  The replaced laptop had a warrantee cover upto 17.01.2016 and the same was not properly functioning and the same was reported to the OP on 5^th August 2015, and the same was not repaired and lying dead.  Complainant has also produced the warrantee details, wherein it can be seen that the same is covered till 17^th January 2016.  The laptop has gone out of order and complainant could not use it from 5^th August 2015.  In view of OP coming forward to repair the said laptop, we are of the opinion that, OP to be directed to repair the same and bring the same to a workable condition and usable state and to repair and to attend the major repairs free of cost and provide warrantee for the remaining period i.e., for about six months from the date of repairing and handing over the same to the complainant.  With this we pass the following;

ORDER

        The complaint is partly allowed.

 OP is directed to set right all the problems that has arisen in the laptop bearing No. 552315Z Inspiron covered under warrantee service tag, F7DMXX1 with a warrantee period for a period for a further period of six months from the date of handing over, the fully repaired, free of problem laptop to the complainant and during the said warrantee period to attend all the issues that arise with respect to the said laptop. 

Complainant is directed to handover the laptop to OP within 15 days from the date of this order to get it repaired and set right all the issues pertaining to the said laptop.

Further OP is directed to set right all the issues pertaining to the said laptop within 30 days from the date it receives the laptop from the complainant and handover the same immediately thereafter.

        Prayer of the complainant regarding refund of the cost of the laptop i.e, Rs.96,312/-  and refund of Rs.37,671/- in respect of the value of the desktop and damages of Rs.1,00,000/- is hereby negatived. 

However OP is directed to pay a sum of Rs.5,000/- towards the litigation expenses.

The OP is further directed comply the above order within 30 days from the date of receipt of this order and submit the compliance report to this forum within 15 days thereafter.

Send a copy of this order to both parties free of cost.

MEMBER                         PRESIDENT