Date of Filing : 11.10.2010
Date of Order : 09.06.2011
BEFORE THE II ADDITIONAL DISTRICT CONSUMER
DISPUTES REDRESSAL FORUM,
SESHADRIPURAM, BANGALORE – 560 020
Dated 9th JUNE 2011
PRESENT
Sri. S.S. NAGARALE, B.A., LL.B. (SPL) …. President
Smt. D. LEELAVATHI, M.A., LL.B. …. Member
Sri. BALAKRISHNA V. MASALI, B.A., LL.B.(SPL) …. Member
COMPLAINT NO. 2341 / 2010
Jayaramaiah.C.
No. 1558/2, I Floor, 4th Cross,
4th Main Road, Nagappa Layout,
Sriramapura,
Bangalore – 560 021. ……. Complainant
V/s.
1. Hewlett Packard India Sales Pvt. Ltd.,
#24, Salapuraia Arena, Hosur Main Road, Adugodi,
Bangalore – 560 030.
2. Gautami Technologies,
#55, 4th Main, MLA Layout, R.T. Nagar,
Bangalore – 560 032.
3. Hewlett Packard India Sales Pvt. Ltd.,
(Main Branch Office),
New Delhi.
4. Blue Dart Couriers,
Marath halli Branch,
Bangalore.
(By Sri. L.S. Harsha Kumar, Adv. for OP1 & 3)…… Opposite Parties
ORDER
(By the President Sri. S.S. Nagarale)
This Complaint is filed by the Complainant u/s. 12 of the Consumer Protection Act, 1986.
2. The case of the Complainant is that he had purchased a Laptop for Rs.43,161/- from the OP. At the time of purchase, OP had given offer that LCD Videocon TV will be given as complimentary on payment of Rs.9,000/-. Accordingly, Complainant had also paid Rs.9,000/- by way of DD to the OP, but so for OP has not supplied LCD Videocon TV as per the offer. Therefore, the Complainant has suffered mental agony & harassment. He prayed for the relief with interest & costs and the amount paid by him.
3. OPs 1 & 3 filed defence version admitting that the Complainant had purchased Laptop and there was an Offer providing LCD Videocon TV as a gift on payment of Rs.9,000/- It is further admitted by the OPs 1 & 3 that the Complainant had fulfilled all the formalities for redemption of gift and OP has taken contention that gift was despatched through Blue Dart Courier. But, the same has been returned to the office of the OP1 for the reason “addressee not available”. OPs are ready & willing to deliver the gift to the Complainant on furnishing the correct address by the Complainant. The Complainant is not entitled for interest & costs.
4. Arguments are heard.
5. During the course of arguments, the Learned Counsel for the OPs has fairly submitted that even now also the offer stands valid and the OPs are ready & willing to deliver the gift item LCD Videocon TV as per their promise. The Complainant is also ready to accept the gift. The Learned Counsel for the OP requested that at least 30 days time may be given for delivering the item to the address of the Complainant. In view of the submissions and admitted facts & circumstances of the case, it is just, fair & reasonable to allow the Complaint in directing the OPs 1 & 3 to deliver the LCD Videocon TV to the Complainant. Since the Complainant has spent the money for filing the Complaint and he has paid the required court fees, it is just, fair & reasonable to grant cost of Rs.1,000/-. In the result, I proceed to pass the following:
ORDER
Complaint is allowed. OPs 1 & 3 are directed to deliver LCD Videocon TV to the Complainant within 30 days from this order.
Complainant is also entitled for Rs.1,000/- as costs of the present proceedings from the OPs 1 & 3.
Send the copy of this Order to both the parties free of cost immediately.
Pronounced in the Open Forum on this 9th June 2011.
Order accordingly
PRESIDENT
We concur the above findings
MEMBER MEMBER
SSS
