By    Sri.M.P.Chandrakumar,   Member :

                   The case of the complainant is that he had purchased a laptop of H.P. Company from 2^nd opposite party for Rs.46000/-, vide invoice No. TSR 2746 /1-6-2016 (Payment Rpt No. 1593), for the educational purpose of his son studying at Delhi. When asked for the warranty card, 2^nd opposite party  stated that there is no separate warranty card and the bill is the warranty document.   As soon as the complainant reached home and operated the laptop, it was not functioning. `Hence the complainant entrusted the Laptop immediately, with request to replace the same by a new one. However, the next day, the 2^nd opposite party called the complainant and informed that since the Laptop has no complaints, the same be taken back. Accordingly , the Laptop was taken back.  The complainant’s son took the Laptop to Delhi, for his educational purpose .However ,since the Laptop again developed complaints ,it was given to the  service centre of H.P. at Delhi .Since the service centre authorities informed that there were complaints with the Hard disk  & mother board and hence need be replaced, the same were replaced .Then there was problems with the battery .When the Laptop was entrusted to 2^nd opposite party to rectify the problem  , they informed that there were also virus problems .The problems being so , the complainant’s son went and met the Manager ,who insulted him and informed him to take a warranty for one more year, by paying Rs.4000/-.  Being disappointed at this ,the complainant’s son kept the Laptop there and returned back. The complainant , therefore again contacted 2^nd opposite party and requested  either to replace the Laptop or refund it’s cost.  However ,after a few days ,the complainant received a letter informing that the Laptop is ready  and hence be taken back  .According to the complainant ,he is  not technically qualified in respect  of the Laptop and has purchased the same with his hard earned money for the educational purpose of his son. He as well as his son is suffering great disappointment that he has not been able to use the Laptop satisfactorily, due to the frequent complaints. He has thus lost faith in the company. Hence the complaint filed with prayers to direct the opposite parties to refund the cost of the Laptop, in addition to compensation and cost .

                    2.The opposite parties remained ex parte. The complainant has filed proof affidavit and Exhibits marked P1 to P6 . Ext. P1  is the cash receipt for Rs.46000/- issued by 2^nd opposite party ; Ext. P2 is the invoice issued by 2^nd opposite party ; Ext.  P3 is the service call report  dated 10-09-16  issued by the service centre , New Delhi ; Ext. P4 is the slip issued by 2^nd opposite party ; Ext. P5 is the letter dated 28-12-16 issued by 2^nd opposite party to the complainant ; Ext.  P6 is the letter issued by  M/S. Inspire Associates to the complainant dated 12-01-17. Ext.  P1  to P6  goes on to  convince the Forum the genuineness of the complaint, especially considering the fact that there is no contra evidence .

                   3.In the result, the complaint is allowed . The 2^nd opposite party, from whom the purchase was done is directed to refund the cost, being Rs.46,000/- (Rupees Forty six thousand only), with 12% interest from the date of purchase being 1-06-16 to the date of repayment, in addition to Rs.5,000/-(Rupees Five thousand only) towards compensation and cost .The payment should be effected within a month of the date of receipt of the order.

            Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 17^th day  of  June      2017.