ORDER

BY SRI.H.R.SRINIVAS, PRESIDENT.

1. The complainant has filed this complaint u/Sec. 35 of the C.P Act, 2019 alleging deficiency in service in selling a defective quality laptop and further damaging the same at the time of repair/servicing and not refunding the value of the goods sold and hence, for refund of Rs.79,338/- being the Value of the laptop along with interest at the rate of 18% p.a and for Rs.3 lakh towards damages for making him to lose working hours and also for suffering mental and emotional distress and for other reliefs as the forum deems fit under the circumstances of the case

The brief facts of the complaint are:

2.    That the complainant purchased a laptop manufactured by OP on 27.09.2020 by paying Rs. 79,338/-. There was a hinge problem in the laptop.  After noticing the same, the complainant stopped working with the said laptop and contacted OP by raising the issue and the person sent by Op to repair the laptop did not do it properly and broke the screen of the laptop rendering the laptop unusable.  Further the second person who came to resolve the problem took nearly 8 weeks but, could not repair the same.  Several hours of working of the complainant lost due to defective product supplied by the OP and he had to work on the old laptop, availed the services of OP.  The OPs executives and representatives were unprofessional ineffective inefficient.  In spite of making several complaints and following up they have not set right the issues.  On 30.03.2021, one Alam of “Compuage” called and informed the complainant that the issues regarding laptop has been fixed and kept for observation and ensured that, it works normally and asked him to take the laptop which was refused by the complainant as he no more wanted the said laptop.  OP also acknowledged the damage caused by its staff and was willing to extend the warranty period for the said laptop by one more month.  Firstly the product supplied was faulty and defective and further the service rendered was not professional, efficient and delayed which caused him immense loss.  Hence, prayed the Forum to direct the OP to refund cost of the laptop along with interest and compensation.

3.    Notice was served to the complainant to OP through e-mail.  In spite of it, OP did not appear before the forum and hence, placed exparte.

  4.    In order to prove the case, complainant filed his affidavit evidence and produced documents. Arguments Heard. The following points arise for our consideration:-

1)Whether the complainant has proved deficiency in service on the part of the Opposite Party?

2) Whether the complainant is entitled to the relief prayed for in the complaint?

5.     Our answers to the above points are:-

POINT NO.1 AND 2 :               In the Affirmative

                                                For the following.

REASONS

6.     POINT No.1:-

        Perused the complaint, affidavit evidence and the documents produced by complainant.  On perusing Ex.P-1 the copy of the tax invoice, it becomes clear that, including GST, the complainant has purchased HP/NV 13.3 inch laptop of natural silver colour for a sum of Rs. 79,338/- from Galaxy electronics an outlet of OP. 

7.     Ex.P-2 is the photograph of the laptop showing the damage caused to it.  Ex.P-3 is the complaint raised by the complainant and several photographs and e-mails have produced showing similar problems arising to other persons.  When this fact is taken into consideration and further OP remaining absent, all the while even when the notice through e-mail was served on it, the case of the complainant, the allegation of the complainant, highly probabalises that, OP has supplied a defective and substandard laptop and further did not set right the issue that, cropped up which in clear terms amounts to deficiency in service, un-professionality and imperfection.  Hence, we answer Point No.1 in the affirmative.

8.     Complainant has sought the refund of the amount paid by him towards purchasing the laptop.  From the correspondences it appears and becomes clear that, the said laptop is with the OP and the complainant though informed to take back the laptop, did not agree to receive the same as it is a substandard material. When such being the case, it is just and proper for this forum to order OP to return the amount received towards the laptop along with interest at 12% p.a from the date and also to pay a compensation of Rs.10,000/- towards causing the complainant mental agony and hardship and further a sum of Rs. 5000/- towards litigation expenses under the circumstances.  Hence, we answer Point No.2 partly in the affirmative and pass the following;

ORDER

1. Complaint is allowed in part with cost.
2. The OP is directed to refund Rs.79,338/- along with interest at 12% p.a from the month of January 2021 till the payment of the entire amount along with compensation of Rs.10,000/- as damages and Rs.5,000/- towards litigation expenses. 
3. Send a copy of this order to both parties free of cost.

Note:You are hereby directed to take back the extra copies of the Complaints/version, documents and records filed by you within one month from the date of receipt of this order.

(Dictated to the Stenographer over the computer, typed by him, corrected and then pronounced by us in the Open Commission on this 16^th DAY OF SEPTEMBER 2022)

MEMBER                 MEMBER                 PRESIDENT

ANNEXURES

1. Witness examined on behalf of the Complainant/s by way of affidavit:

Copies of Documents produced on behalf of Complainant/s:

2. Witness examined on behalf of the Opposite party/s by way of affidavit:

Copies of Documents produced on behalf of Opposite Party/s

MEMBER                 MEMBER                PRESIDENT

RHR*