By : Smt. Preethi Sivaraman. C, Member
1. The complainant completed plus two course and then he desired to study decoding and for that purpose he started quail farming in order to self-earning. The complainant purchased a laptop with his earning from the second opposite party on 21/09/2021 for Rs.42,000/-. The complainant submitted the specification of laptop as 14 INCHE HD/WIN 10 HP Model Laptop 14 S –DQ2100TU C13-115G4 8GB/256 GB
SSD /14.0 INCH, IMEI 5 CD 1172YP5) 21-1-BLC-4816 is as per bill invoice.
2. The complainant found that within two months there was a white dot on the right top side of the screen of laptop and later it was found spreading to other parts also. The laptop became defective the display was became blurred. The complainant thereafter approached the second opposite party and the second opposite party conveyed the grievance to the first opposite party. The complainant approached the second opposite party several times with the complaint but he directed the complainant to approach after 48 hours or to approach next day and so on. Thereafter the complainant was informed to contact the manufacture of the product and accordingly some representatives approached the complainant on 26/05/2022 and on their examination it was stated that the defects caused by the complainant himself and so the defects cannot be rectified by them. Then the second opposite party agreed to the complainant that they are prepared to rectify the defects on payment. The complainant submitted that the act of the opposite party is deficiency in service as well as unfair trade practice. Due to the deficiency in service on the part of the opposite party the complainant caused much inconvenience, hardship and financial loss. Hence the prayer of the complainant is to refund the cost of the laptop and also to pay compensation of Rs.50,000/- along with cost of the proceedings.
3. The complainant filed this complaint against the opposite parties including the manufacturer of the product. On admission of the complaint notice was issued to the opposite parties and the notice to the opposite parties one and two duly served but they not turned up. Notice to the third opposite party stands refused stating the name is in complete on the envelop. Notice to third opposite party repeated three occasions and all the occasions it was returned various reasons. Subsequently the complainant filed application to delete the third opposite party from the complaint and it was allowed also.
4. The complainant filed affidavit and documents. The documents marked as Ext. A1 to A4. Ext. A1 is tax invoice dated 21/09/2021 for Rs.42,000/-. Ext. A2 is copy of photographs of the defective screen display of the laptop. Ext. A3 is copy of printout about HP Premium accessories. Ext. A4 is photographs of display regarding the defects of laptop. The opposite parties one and two not being turned up despite service of notice set them exparte. The third opposite party is deleted by the complainant itself due to want of correct address of the manufacturer. Now the fowling points arise for consideration-
Whether there is deficiency in service on the part of the opposite parties?
Relief and cost?
5. Point No.1 and 2
The complainant purchased laptop from the second opposite party for Rs.42,000/- which is with his hard-earned money. He purchased the same for his study purpose. But within two months there appeared white dot on the right top of laptop and gradually it developed to other side also. Complainant duly approached the second opposite party and in turn the second opposite party contacted the service centre. But the defect was not rectified by the opposite parties.
6. The first and second opposite parties are the service provider and sellers of the laptop respectively. Notice of complaint were duly served on them but not turned up to contest the matter. The complainant had impleaded the manufacturer also as third opposite party. But notice to third opposite party was not served despite three attempts. Notice to third opposite party stands retuned stating the address of the third opposite party is incorrect. No doubt, it is the duty of the seller to provide the correct address of the manufacturer of the product. In the absence of non-furnishing the correct address of the manufacturer the complainant could not serve the notice to the manufacturer of the product. Hence it is the liability of seller of the product to reimburse or rectify the defect of the product. The complainant has stated the opposite party one and two failed to redress the grievance of the complainant and so his prayer is to refund the cost of the product.
7. The complainant filed affidavit and documents to prove his case. Ext. A1 shows that the complainant purchased the product from the second opposite party for Rs.42,000/-. The copy of photographs Ext.A2 shows that there is defect to the laptop. Hence the perusal of affidavit and documents establish the grievance of the complainant and he is entitled to redress his grievance. The complainant prays for the refund of the cost of Rs.42,000/- and also prays for compensation of Rs.50,000/-. The Commission finds that the complainant is entitled to refund the cost of Rs.42,000/-. We also find that the complainant is entitled a reasonable amount as compensation which we fix as Rs.25,000/-. The complainant also entitled cost of Rs.5,000/-.
In the light of above facts and circumstances we allow this complaint as follows: -
The second opposite party is directed to refund the cost of Rs.42,000/- (Rupees forty two thousand only) to the complainant and after refund of the same the second opposite party is permitted to take back the defective laptop from the complainant.
The second opposite party is also directed to pay Rs.25,000/- (Rupees twenty five thousand only) to the complainant as compensation on account of inconvenience and hardship and financial loss sustained to the complainant.
The second opposite party is directed to pay Rs.5,000/- (Rupees Five thousand only) to the complainant as cost of the proceedings.
The second opposite shall comply this order within one month from the date of receipt of coy of this order, failing which the complainant is entitled 12% interest for the above said entire amount from the date of order till date of payment.
Dated this 28th day of February, 2023.
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 A4
Ext.A1: Tax invoice dated 21/09/2021 for Rs.42,000/-.
Ext.A2: Copy of photographs of the defective screen display of the laptop.
Ext A3: Copy of printout about HP Premium accessories.
Ext A4: Photographs of display regarding the defects of laptop.
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
VPH
