O r d e r

1. Present appeal has been filed on behalf of appellant/opposite party M/s MS System through its Proprietor for setting aside the judgment and order dated 31.03.2016 passed in Consumer Complaint Case no. 531 of 2012 passed by the Ld. District Consumer Forum, Patna whereby and whereunder appellant has been directed to refund the price of laptop of the complainant i.e Rs. 45,300/- within a period of two months failing which interest @12% per annum shall become payable.
2. Briefly stated the facts of the case is that complainant had purchased a laptop under the brand name of Dell manufactured by opposite party no. 1 on 31.01.2012 from the shop of appellant on making payment of Rs. 45,300/-. A warranty support information was given to complainant to visit website of the Dell company for the purpose of warranty.
3. It is alleged by the complainant that said laptop did not function properly so he approached the appellant who told to approach the customer care of the company. Complainant lodged complaint twice with customer care of the company during warranty period but no action was taken by the company except generating complaint number. Complainant was assured that within 3 working days one engineer will approach for rectifying the defect but no engineer came to rectify the defect for two weeks. 
4. Complainant thereafter filed a complaint case before the District Consumer Forum, Patna for refund of price of laptop as well as for adequate compensation and cost of litigation. Notices were issued to opposite party but non appeared as such complaint case was decided ex-parte.
5. The District Consumer Forum held that since registered notices sent were not returned as such it will be deemed that notices have been validly served upon opposite parties. The District Consumer Forum has further held that as there is no counter version of the fact asserted in the complaint petition hence, there is no option but to accept the fact in toto which discloses deficiency in service on part of opposite parties and directed appellant/opposite party no. 2 to refund the price of the laptop to the complainant i.e Rs. 45,300/- within two months failing which appellant /opposite party no. 2 shall pay interest @12% per annum and further directed to pay compensation and litigation cost of Rs. 10,000/- within two months.
6. Aggrieved by judgment and order appellant /opposite party no. 2 has preferred this appeal before the State Commission.
7. Perused the impugned order as well as materials available on record including written arguments filed by parties.
8. Onus lies upon the complainant to establish allegation of deficiency in service against service provider or defect in any product manufactured by manufacturer by leading cogent evidence even if the proceeding are held ex-parte. In present case except making a vague statement that the laptop purchased was defective nothing has been stated about nature or type of defect. No evidence has been adduced by the complainant in this respect as such the finding recorded by District Consumer Forum that allegations made stands proved as same remained uncontroverted is not sustainable. Any order against manufacturer of product to replace the product with new product of same make or to refund the price of product can only be made if complainant prima facie establishes that product purchased by him suffers from any manufacturing defect as such order passed by District Consumer Forum to refund the price of laptop is not sustainable either in law or on fact and is accordingly set aside.
9. However, as far as deficiency in after sales-service is concerned same is proved. Complainant has specifically asserted that he twice made complaint with respect to fault in laptop and complaint  was registered and complaint  number was provided but inspite of assurance given by service center that service engineer will report to attend the complaint no one came to attend the complaint which is not only deficiency in service but also unfair trade practice.
10. Both manufacturer and its authorized dealer are bound to provide defect free product and satisfactory after sales-service of the purchased product to the consumer. When a new product is sold to consumer, then it is an implied contract that product does not suffer from any fault or imperfection or short coming in quality, quantity, potency and standard which is required to be maintained.
11. It is duty of the manufacturer and the dealer to attend complaint of consumer particularly during warranty period. Both manufacturer and dealer are liable to provide after sales-service to the purchaser under terms and conditions printed on invoice. During warranty period repair/replacement of any part of product is to be done free of cost.
12. Appellant has stated that no notice was ever served upon her with respect to proceeding before District Consumer Forum as such she could not appear and present her defense. However, in appeal filed by her she has not stated anything about allegation made by complainant with respect to complaint made by him for which complaint number was also generated but was not attended leading to filing of complaint case.
13. Appellant is authorized dealer of product from where complainant had purchased the laptop as such she cannot disown or escape her liability along with manufacturer of satisfactory performance of sold laptop and after sale-service particularly during warranty period.
14. Both appellant as well as respondent no. 2 /manufacturer are held to be deficient in service for not providing after sales-service causing mental and physical harassment and loss to complainant and they are jointly as well as severally liable to pay compensation of Rs. 15,000/- as well as cost of litigation as Rs. 5,000/- within two months from the date of receipt /production of a copy of order passed by this Commission failing which interest @8% per annum shall become payable.
15. With aforesaid modification and direction appeal is disposed of.

(Ram Prawesh Das)                                                                                                                     (Sanjay Kumar,J)

       Member                                                                                                                                      President

Md. Fariduzzama