Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 31.03.2017
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to refund the price of Laptopas mentioned in the invoice dated 27.10.2009 along with 18% interest.
- To direct the opposite parties to pay Rs. 50,000/- ( Rs. Fifty thousand only ) as compensation.
- To direct the opposite parties to pay Rs. 10,000/- ( Rs. Ten Thousand only ) as litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that he has purchased a new HCL laptop from opposite party no. 2 on 27.10.2009 vide annexure – 1 after paying the price of Rs. 35,800/-. The aforesaid Laptop was operated as per instruction manual. Thereafter, the complainant purchased warranty extension pack. Then, HCL notebook registration form was properly filled up and customer copy of HCL notebook registration Form was provided to customer vide annexure – 2. After purchasing, the aforesaid Laptop, the complainant noticed that it was defective and thereafter he approached opposite party no. 2 and lodged a complaint with him but he was directed to approach opposite party no. 1. The complainant then sent an E mail to opposite party no. 1 vide annexure – 3, 4 and 5 for rectification of the defect in the laptop. Thereafter the laptop was given to authorized service center from where he got the laptop after 45 days but again the same defect was found. The complainant again approached opposite party no. 1 but no action has been taken and in service center the precious data stored by the complainant in the Laptop has been erased. The complainant again approached opposite party no. 3 whose engineer after examining the Laptop issued Job Sheet i.e. annexure – 6. The complainant after some time approached opposite party no. 3 and requested to deliver the Laptop but the same was not hand over to him. Thereafter, complainant sent several E mail to opposite party vide annexure – 7, 8 and 9 for redressal of his grievance but no action has been taken.
On behalf of opposite party no. 1 a reply has been filed. In later portion of Para – 5 the following facts have been asserted, “it is stated that as per the records, the Laptop in question was received for repair for the first time on 05.10.2011, under the call ID no. 8400050555, which was repaired on 11.10.2011. thereafter, again on 02.06.2012 it was received under the call ID no. 8400174277 and on the same day the top cover was replaced since complainant purchased from somewhere else and brought to service center for fitting. Again on 10.01.2013, under the call ID 8501949805, the complainant approached with the Laptop in question and the same was repaired with minor settings. However, the complainant did not accept the said Laptop and sought refund of his money. It is stated that there is no manufacturing defect in the Laptop. The replying opposite party no. 1 always remained ready and willing to perform its part of obligation and still ready and willing. However, the complainant is bent upon indulging in litigation with illegal motives.”
It has been also stated by opposite party no. 1 that facts of this case does not disclose consumer dispute.
So far opposite party no. 2 and 3 are concerned when after issuing registered notice they did not turned up then vide order dated 10.06.2013 valid tamila was declared on them and the case was heard ex – parte against them.
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The fact of the case asserted by the parties have been mentioned in forgoing paragraphs.
The complainant has asserted that his laptop developed defect during warranty period which was not removed despite his repeated request.
Annexure – 6 shows that the Laptop was defective because opposite party no. 3 has mentioned the defect in annexure – 6 ( Job Sheet).
From bare perusal of annexure – 7, 8 and 9 it is crystal clear that despite repeated request the grievance of the complainant was not redressed.
From bare perusal of show cause filed by opposite party no. 1 it is crystal clear that despite removing defects the opposite party no. 1 has made futile excuses for jurisdiction of his stand.
The aforesaid facts clearly disclose deficiency on the part of opposite parties who are jointly and severally responsible for the deficiency.
For the reason stated above we direct the opposite party no. 2 to return the price of Laptop i.e. Rs. 35,800/- as will appear from annexure – 1 within the period of two months from the date of receipt of this order or certified copy of this order failing which opposite party no. 2 will have to pay 10% interest till its final payment.
The complainant is further directed that after receiving the aforesaid amount from opposite party no. 2 the complainant will return the Laptop to opposite party no. 2 if the same is in his custody and if the Laptop is in custody of opposite party no. 3 then the opposite party no. 2 will receive Laptop from opposite party no. 3.
Opposite party no. 2 may realize the amount paid by him in proportion from the other opposite parties.
All opposite parties are directed to pay Rs. 10,000/- to the complainant by way of compensation and litigation costs within the period of two months.
Accordingly this complaint stands allowed to the extent referred above.
Member President
