By Sri. Mohamed Ismayil C.V., Member

The grievance of the complainant is as follows:

1.      The complainant made an order for purchasing laptop, HP Pavillion Aero Laptop 13

be0206AU from the second opposite party by using online platform of the first opposite party and paid Rs. 63,190/- as the price of the laptop. On 20/05/2022 the complainant received a laptop by model of HP Laptop 14s- fq1089AU which is an inferior model with low specifications. It is stated in the complaint that the complainant cross checked and found the differences on the configurations and when he compared the price of both laptop, the price of the laptop he received was less of Rs. 28,000/- than the laptop actually ordered. It is contended by the complainant that the laptop received by him was not competent to carry out his official work. The complainant approached the first opposite party for solving the issue but turned down on frivolous excuses. The complainant repeatedly contacted the first opposite party for refund of the amount spent for laptop. The first opposite party willfully delayed in addressing the grievance of the complainant by consuming valuable time of the complainant. The act of the opposite party caused to suffer mental agony and hardship to the complainant. The very purpose of purchase of the laptop was gone in vain as his wife could not attend online classes and the complainant was also unable to use the same for his work. According to the complainant, the opposite parties were cheating him by sending low specification and low quality laptop in place of good quality one after receiving sufficient amount. The opposite party gained unlawful profit from the complainant.  It is stated in the complaint that actually the complainant ordered for laptop on 30/04/2022 and he received a laptop on 07/05/2022. But when a defect was found on display he returned the laptop to the opposite parties. Then the opposite parties handed over the above said laptop to the complainant which is subject matter of the dispute. The opposite parties did not supply the laptop selected and paid by the complainant even after one month of time. The act of the opposite party caused financial loss and lapse of time to the complainant so the complainant prayed for a direction to the opposite parties to pay Rs.1,00,000/- to the complainant as compensation for the interruptions occurred to his work and loss of online classes of his wife. The complainant claimed another Rs. 1,00,000/- from the opposite party as compensation for the illegal act committed by the opposite party. The complainant claimed Rs.50,000/- from the opposite party as compensation for loss of time due to the litigation, Rs.25,000/- for sufferings of mental agony and Rs.20,000/- as the cost of the proceedings.

2.       The complaint is admitted on file and issued notices to the opposite parties. The second opposite party received notice but did not turn up before the Commission hence set exparte. The second opposite party appeared before the Commission but did not file version within the statutory period as contemplated in the provision of the statute. So the Commission did not consider the contents of the version.

3.    The complainant filed affidavit and produced documents. The documents produced by the complainant marked as Ext.A1 to A8. Ext.A1 document is the copy of laptop specifications for HP Pavilion Aero Laptop 13-be0206AU from manufacture’s website. Ext A2 document is the copy of laptop specifications for HP Laptop-14s-fq 1089AU from manufacture’s website. Ext.A3 document is the copy of document issued by the opposite parties showing serial number of the laptop received by the complainant. Ext.A4 document is the screen shot of timelines of the order made by the opposite party. Ext.A5 document is the copy of screen shot of the call logs made by the complainant to the first opposite party and the manufacturer. Ext.A6 document is the copy of exam cancellation email of the spouse of the complainant. Ext.A7 document is the copy of screenshot of the complainant and wife’s business account on Instagram. Ext.A8 is the copy of tax invoice issued by the opposite parties to the complainant. The second opposite party filed affidavit but there is no need for evaluation of the evidence from the side of the opposite parties.

4.      Heard the complainant. Perused affidavit and documents. The points arisen for consideration of the Commission are as follows:

1. Whether there is deficiency in service on the part of the opposite parties towards the complainant?
2.  If yes, then relief and cost?

5. Point No. (1) and (2):-

     The grievance of the complainant is that he ordered HP Pavilion Aero Laptop 13-be0206AU from the second opposite party by using the online platform of the first opposite party and paid Rs. 63,190/- as the price of the laptop. The complainant received laptop model HP Laptop-14s-fq 1089AU, which has lesser specification compared to the selected model.  To show the specifications of the selected model, the complainant produced Ext.A1 document before the Commission. Ext. A2 document reveals the specification of laptop delivered to the complainant by the opposite parties.  Ext. A4 document shows the details of shipment of product sent by the opposite party to the complainant.  According to the complainant, he contacted the opposite parties constantly to get redressed his grievances.  It has come out in evidence that the complainant had approximately a cumulative of 4 hours spent on call with the helpdesk of the first opposite party and product manufacturer of the Laptop for resolving the issue.  Ext.A5 document shows the details of transaction made between the complainant and the opposite parties.  According to the complainant he was cheated by the opposite parties and the opposite parties gained unlawful profit by delivering inferior quality laptop instead of superior quality laptop for which order was  placed and price remitted.  It is contented by the complainant that his wife could not attend her examination through online by using low specification laptop and produced Ext.A6 document to prove the contention made in the complainant.  Moreover it is also contended that a huge loss was occurred to the complainant by the interruption to his work and produced Ext. A7 document to show the nature of work under undertaken by the complainant.  It can be found that when the dispute was arisen, immediately the complainant approached the Commission for getting relief.  When going through the affidavit of the complainant it can also be found that the opposite parties refunded the price of the laptop to the complainant.  There is no contra evidence against the case put forward by the complainant.  The Commission finds that the opposite parties committed deficiency of service towards the complainant.  So the complainant stands proved and the complaint allows in the following manner:-

1. The opposite parties are directed to pay Rs. 50,000/- (Rupees Fifty thousand only)as compensation to the complainant as the opposite parties are jointly and severally liable to answer the sufferings of mental agony and hardship undergone by the complainant.
2. The opposite parties are directed to pay Rs. 10,000/-(Rupees Ten thousand only) as the cost of the proceedings to the complainant.

       The opposite parties shall comply this order within one month from the date of receipt of the order otherwise the entire amount shall carry 9% interest from the date of order till realization.

        Dated this 7^th day of December, 2022.

MOHANDASAN K., PRESIDENT

PREETHI SIVARAMAN C., MEMBER

MOHAMED ISMAYIL C.V., MEMBER

APPENDIX

Witness examined on the side of the complainant                     : Nil

Documents marked on the side of the complainant                   : Ext.A1to A8

Ext.A1 : Document is the copy of laptop specifications for HP Pavilion Aero Laptop 13-

               be0206AU from manufacture’s website.

Ext A2 : Document reveals the specification of laptop delivered to the complainant by

               the opposite parties. 

Ext.A3 : Document is the copy of document issued by the opposite parties showing serial

               number of the laptop received by the complainant.

Ext.A4 : Document is the screen shot of timelines of the order made by the opposite

                party.

Ext.A5 : Document is the copy of screen shot of the call logs made by the complainant to

               the first opposite party and the manufacturer.

Ext.A6 : Document is the copy of exam cancellation email of the spouse of the

               complainant.

Ext.A7 : Document is the copy of screenshot of the complainant and wife’s business

               account on Instagram.

Ext.A8 : Copy of tax invoice issued by the opposite parties to the complainant.

Witness examined on the side of the opposite party                   : Nil

Documents marked on the side of the opposite party                  : Nil

MOHANDASAN K., PRESIDENT

PREETHI SIVARAMAN C., MEMBER

MOHAMED ISMAYIL C.V., MEMBER