D.O.F:03/02/2021

                                                                                                  D.O.O:01/11/2021

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

CC.No.30/2021

Dated this, the 01^th day of November 2021

PRESENT:

SRI.KRISHNAN.K                         :PRESIDENT

SRI.RADHAKRISHNAN NAIR.M : MEMBER

SMT.BEENA.K.G                            : MEMBER

Deepu Krishnan.M.S,

S/o Madhusoodanan.P.V,

Dwaraka, NGO Union Office Road,                                 :Complainant

Vidyanagar – PO, Kasaragod

(Adv: A.Gopalan Nair & T.C. Narayanan)

And

1. E. RetailIndia

    3-2-108/B,GS Reddy Estate, Nagarjuna Sagar,

    Highway, Omkaar Nagar, Bhairmaguda, Hyderabad,

    Telengana – 500079.

2. The CEO,                                                                                      : Opposite Party

    HP Inc,

    GE Global E Business Oos Pvt Ltd,

    No. 66/2, Ward – 83,

    Bagmane Tech Park, 7^th floor – A-wing,

    Embassy Prime, CV Raman Nagar, Bangalore,

    Karnataka - 560093

ORDER

SMT.BEENA.K.G: MEMBER

      The complainant was a student of integrated M.Sc Mathematics at SVNTI Surat, and for the purpose of study he purchased an HP laptop (Model HP Note Book 15 da 00077tx) from Opposite Party No:1 who is an online dealer for an amount of Rs. 46199/-     At the time of sale Opposite Party No:1 offered one year warranty to the laptop.  Opposite Party No:2 is the manufacturer.  Later on the complainant came to know that the software installed in laptop was old and outdated which led to all kinds of problems and stability issues.  The Lap was poorly designed and had manufacturing defects.  The charging ports failed with normal usage and the display of the laptop was damaged.  Complainant registered complaint in customer care but there was no positive steps from Opposite Parties.  The product is within the warranty period and the complainant has every right to get his laptop repaired free of cost.  The complainant caused to send a lawyer notice to Opposite Party on 23/09/2020, but it is returned stating that the company shifted from there.  Hence this complaint seeking replacement of laptop with extended warranty and compensation of Rs. 3 lakhs.

     Notice of Opposite Party No:1 and 2 returned as refused.  The name of Opposite Parties called absent set exparte.

     The Complainant filed proof affidavit in lieu of chief examination and documents are marked as Ext A1 to A4.   Ext A1 is the invoice,(bill) cash receipt, Ext A2 series gmail communication between complainant and respondent, Ext A3 is the lawyer notice, Ext A4 is the returned lawyer notice and Ext A5 is postal A.D.

     Main questions raised for consideration are:-

1. Whether there is deficiency in service on the part of Opposite Party?
2. Whether the complainant is entitled for relief?
3. If so what is the relief?

Issue No: 1 and 2

     Complainant, a student of integrated M.Sc (Maths) at SVNTI Surat purchased an HP Laptop from Opposite Party No:1 who is the online dealer believing the assurance given by Opposite Party No:1 regarding quality of product and prompt service Opposite Party No:2 is the manufacturer.

    Ext A1 is the purchase bill of laptop, Ext A2 series evidences that the Lap became defective and complainant registered complaint.

   Complainant did not experienced product quality on usage due to display problem, charging portal complaint even though the complainant registered complaint on customer care, Opposite Party totally failed to provide after sale service within the warranty period shows gross deficiency in service.  The offers and assurances given at the time of sale was only for the sake of sale.  Thus Opposite Party practiced unfair trade practice also due to which complainant suffered huge financial loss and mental agony.   As a student, he could not attend online classes, which caused severe mental agony.  In the absence of rebuttal evidence Complainant entitled for relief, such as replacement of the defective laptop with compensation and cost.

     Therefore complaint is allowed directing Opposite Party to replace the defective laptop with a new one with extended warranty (defect free) along with Rs. 10,000/- (Rupees Ten thousand only) as compensation and Rs. 5000/- (Rupees Five thousand only) as cost.  The complainant on receiving new laptop, shall handover the old laptop to opposite Party.

 Time for compliance is 30 days from receipt of copy of this judgement

      Sd/-                                                      Sd/-                                                          Sd/-

MEMBER                                          MEMBER                                          PRESIDENT

Exhibits

A1- The invoice

A2- Series gmail communication

A3- Lawyer notice

A4- Returned Lawyer notice

A5- Postal AD

      Sd/-                                                     Sd/-                                                       Sd/-

MEMBER                                          MEMBER                                          PRESIDENT

Forwarded by Order

                                                                                    Senior Superintendent

Ps/