IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Monday the 22nd day of June 2020.
Filed on 22-10-2019
Present
- Sri.S.Santhosh Kumar BSc.,LL.B (President )
2. Smt. Sholly.P.R. LLB (Member)
3. C.K. Lekhamma .LLB(Member)
In
CC/No.271/2019
between
Complainant:- Opposite parties:-
Sri.Srijith.S 1. I ball, Best IT World (India) Pvt.Ltd.
S/o Sivankutty Nair Registered office:87
Athira Mistry Industrial Complex,
Kalavoor P.O. MIDC Cross Road A, Andheri (East)
Alappuzha-688522 Mumbai, Maharashtra, India-400093
2. Sonic systems (iball Authorised
Service Centre), AMC CXVI/590,
Pulimoottil Trade Centre,
Ammankovil street, Mullackal,
Alappuzha- 688 011
3. Amazon-Appario Retail Pvt.Ltd
Anjaneya Infrastructure Project No.38 & 39, Soukya Road,
Kacherakanahalli, Hoskote Taluka,
Bangalore Rural Dist., Bangalore,
Karnataka- 560067
ORDER
SMT.C.K. LEKHAMMA (MEMBER)
Brief facts of complainant’s case are as follows:-
The complainant purchased a laptop (iball compbook M500 v3.0, serial No.1701046003358 for worth Rs.12,490/- ( Twelve thousand four hundred and ninety only)from the 1st opposite party through the 3rd opposite party on 02.04.2019. The device became defunct due to display complaint on 14.08.2019. As per the direction of 1st opposite party complainant handed over the device to the second opposite party, the service centre of the first opposite party, who examined the same and reported that its display complaint. The defect occurred within the warranty period of one year. The second opposite party assured to rectify the defect on free of cost within one week. After the stipulated time complainant approached the service centre. They request one week time more to repair the same. But the same has not been returned till date on 09.10.2019. The complainant sent E-mail to the first opposite party and received a reply that they are going to replace the gadget through their Cochin Area Manager. Thereafter complainant tries to contact the Cochin area manager through E-mail. His attempt was in vain. Further the complainant approached the second opposite party directly their response was that, they stopped the laptop servicing therefore, they have no responsibility. According to the complainant the irresponsibility of opposite parties amounts to deficiency in service. Due to the said acts of opposite parties causes time loss and mental agony to the complainant. He further contented that he purchased the laptop only that he fascinated the wide advertisement and considered the experience of first and third opposite party. Therefore, he field this complaint for getting replacement of the defective laptop with a new one and compensation from the opposite parties.
2. The complainant appeared as party in person, who filed proof affidavit and Ext.A1 to Ext.A6 documents were marked on his side. The opposite party did not appear after the receipt of notice from this Forum. Thereafter declared them ex-parte. We have heard the complainant.
3. Points that came of our determination are:-
1. Whether the complainant is entitled to get replacement of the disputed laptop?
2. Compensation and cost if any?
4. Point No.1 and 2
Ext.A1 series documents are the tax invoices issued by the 3rd opposite party. Ext.A2 is evidencing that the complainant entrusted the disputed laptop with the 2nd opposite party on 14.08.2019. As per Ext.A3 E-mail communications between the complainant and 1st opposite party’s Cochin area manager, reveals that the 2nd opposite party did not return his laptop after lapse of one month. The reply on 09.09.2019 is that “ sorry for the delay & the laptop is approved for the replacement, we will check with Head Office replacement details and confirm ASAP”. Thereafter, on 16.09.2019, 18.09.2019, 01.10.2019, 09.10.2019, 21.11.2019 the complainant sent E-mails to the Cochin area manager of first opposite party, but no reply has been received from them.
5. On perusal of the evidence on record it appears that the laptop went out of order due to display complaint, within warranty period. The same is admitted by the opposite parties. As per Ext.A3 communication they would ready to replace the same but they did not replace or rectify the defect till date. Therefore, it appears that the opposite parties failed to consider the grievances of complainant, especially when the defect was generated during the warranty period. Therefore, the opposite parties are contractually and legally liable to replace the device under dispute with a new one. Moreover the complainant is entitled to get compensation from the opposite parties since he was deprived of using the laptop for a long time. We are not ordering the cost of the proceedings since we have already ordered compensation.
6. Therefore, we allow the complaint as follows:-
- The 1st opposite party shall replace the defective laptop with a new one of the same quality and description according to the choice of the complainant, with fresh warranty. The difference in price if any shall be met by the complainant.
- The opposite parties shall jointly and severally pay Rs.5000/- (Rupees five thousand only) as compensation to the complainant.
-
Dictated to the Confidential Assistant, transcribed by him corrected by me and pronounced in open Forum on this the 22nd day of June, 2020.
Sd/-Smt.C.K.Lekhamma (Member) :
Sd/-Sri.S.Santhosh Kumar (President)
Sd/-Smt. Sholy P.R (Member) :
Appendix:-
Evidence of the complainant:-
Ext.A1Series - Tax invoice dtd 02.04.2019
Ext.A2 - Customer receipt dtd 14.08.2019
Ext.A3 - E-mail dtd 09.08.2019
Evidence of the opposite parties:- Nil
// True Copy //
To
Complainant/Oppo. party/S.F.
By Order
Senior Superintendent
Typed by:- Sa/-
Compared by:-
