DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD

Dated this the 1^st day of  April, 2022

Present        :   Sri.Vinay Menon.V  President

                    :   Smt.Vidya.A, Member                                                      

                    :  Sri.Krishnankutty N.K., Member                      Date of Filing: 07/08/2020 

     CC/80/2020

Manojan P.V.,

Palanchery House,

Thannerkode Post,

Palakkad – 679 536

 (Party in Person)                                                                    -           Complainant

                                                                                      Vs

1.DELL Technologies India

   Crystal Downs,

   Embassy Golf Links Business Park

   Inner ring road, Koramangala,

   Domlur, Bangalore, Karnataka – 560 071

2.DELL Service Centre,

   444/484, Rajshree EVRA Hostel Road,

    Near Artech Centrix, Edapazhani,

    Vazhuthacaud, Thiruvananthapuram – 695014

3.Prasad,

   Digital Solutions,

   Pioneer Complex,

   Near Karshika Vikasana Bank,

   Perinthalmanna Road,

   Mele Pattambi, Palakkad – 679 303                                               -          Opposite parties

   (O.P.1 by Adv. K.K.Menon   

    O.P.3  by Adv. Gokuldas P)             

O R D E R 

By Sri. Vinay Menon V.,  President

1. The complainant is aggrieved by the alleged defective computer  purchased by him.  He contends that the laptop purchased by him  had to undergo repairs twice immediately upon its purchase and that too within a span of a couple of weeks. This complaint is filed seeking return of the cost of the laptop alongwith compensation and cost since the complainant apprehends that the laptop would undergo repairs again.
2. Opposite parties 1& 3  filed their respective versions, of which the version of the first opposite party is the one that is relevant in so far as the facts and circumstances of the case is concerned.
3. In paragraph 10 of its version filed on 4/12/2021 the first opposite party, in lines 20 to 25, avers as follows:

“It is pertinent to note that the OP No.1 as a one-time exception & without prejudice to the contention that there is no deficiency of service or unfair trade practice whatsoever is ready and willing to amicably settle the matter by providing refund of system purchase cost. But would not be able to provide any monetary compensation, as demanded under the present complaint.”

The same pleading reflects in paragraph 6 as well.

4. In view of the aforesaid offer made, this matter was called in the adalath of 28/1/2022. The complainant was present and expressed his willingness to accept the aforesaid offer by the first opposite party. The opposite parties did not appear in the adalath. Hence the matter was posted to 22/2/2022. Willingness of the complainant to settle the matter in terms of the aforesaid statement was conveyed to the first opposite party.  The matter was posted to 30/3/2022.
5. On 30/3/2022, there was  no representation for complainant. OPs were represented. Since there was no representation for complainant this matter was taken up for orders based on merits.
6. This is a matter wherein the first opposite party has extended their whole-hearted offer to settle the complaint by way of providing the purchase price of the laptop and accepted by the complainant.  In view of the aforesaid meeting of minds, we dispose off this complaint with the following directions.

1. The first opposite party is directed to deposit Rs.31,500/- (Rupees Thirty  one thousand five hundred only) with this Commission.
2. The complainant is directed to handover the laptop to the opposite party concerned.
3. After handing over of the laptop, the aforesaid amount so deposited with this Commission shall be  handed over to the complainant.
4. In the event of non compliance by either party, the respective other party will be at liberty to initiate coercive steps in accordance with law.
5. Comply with the aforesaid directions within 45 days from the date of receipt of a copy of this order.

      Pronounced in the open court on this the 1^st  day of  April, 2022.

                             Sd/-                                               

                     Vinay Menon V.

                                                                         President

                                                                          Sd/-

                 Vidya A.

                                           Member     

                Sd/-

                                                                                                         Krishnankutty N.K.

                                                                                                            Member