Delhi

West Delhi

CC/14/165

Sita Ram Gupta - Complainant(s)

Versus

Infinity Retail Ltd. - Opp.Party(s)

04 Jul 2014

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (WEST)

GOVERNMENT OF NCT OF DELHI

150-151, Community Centre, C-Block, Janak Puri, New Delhi - 110058

 

                                                                                                Date of institution : 18.3.14

Case. No. DF-III/165/2014                                                     Date of order        : 22.01.16

In the matter of :-

Sh. Sita Ram Gupta S/o K.R. Gupta,

R/o B-100, 2^nd floor, Naraina Vihar,

New Delhi-110028

 

Vs.

M/s Infinity Retail Ltd.,

202, Akruti Centre Point,

Next to Marol Tele Exchange,

MIDC, Andheri (E), Mumbai-400093.                                      Opposite Party No.1

 

CROMA CARE CENTRE,

Plaza-Situated at C-10, Rajouri Garden,

New Delhi-1100027.                                                                    Opposite Party No.2

 

 

F 1 Info Solutions & Services Pvt. Ltd.,

201, Ashok Bhawan-93,

Nehru Place, New Delhi-110019.                                              Opposite Party No.3

 

 (R.S. BAGRI, PRESIDENT)

 

O R D E R  

            The complainant Sh. Sita Ram Gupta has filed the present complaint U/s 12 of the Consumer Protection Act, 1986, with averments that he purchased one laptop  for his son Divyanshu Bansal of Lenovo make, model No. 4560 serial No. Q301511122, product description SN QB00082519 from opposite party No.1

-2-

for sale consideration of Rs. 45,794/- vide invoice No. SLF02A027C100185 94 dated 11.07.2011.   The said laptop was not functioning properly from the date of purchase.  The son of complainant Divyanshu Bansal made several requests through internet complaint call/service centre of opposite parties.

 

            On13.12.2012 first formal complaint was lodged and laptop was handed over to local service centre (OP No.3).   The laptop was kept by opposite party No.3 for over a period of two months and returned to complainant without proper repairing.   Due to improper repairing of the said laptop, it was again given to opposite party No.3 for repair somewhere in April-May, 2013 but the defect could not be removed.

 

            On 17.8.2013, the son of the complainant  again handed over the said laptop for repairing to opposite party No.3.   The laptop was repaired and shown and checked by son of complainant . But the laptop was not repaired to his satisfaction.   As the laptop was not properly repaired, therefore, on 26.12.2013 the son of the complainant again deposited the laptop with opposite party No.3 for rectification. But the defects were not removed to his  satisfaction.

 

            On 6.2.14 the laptop was once again given to opposite party No.3 but same could not be rectified and is lying with opposite party No.3.

 

-3-

            Hence, the present complaint for direction to opposite parties to pay the cost of laptop of Rs. 45,794/- with interest @ 18% p.a and for compensation of Rs. 50,000/- for harassment, mental and physical pain and loss of professional studies of his son and cost of complaint Rs. 10,000/-.

 

            Notice of the complaint was issued to the opposite parties. But despite service none appeared on behalf of opposite parties.  The opposite parties were proceeded ex-parte vide order dated 4.7.14.  The complainant was asked to lead evidence and produce documents in support of his claim. He placed on record his affidavit dated 24.7.14 on 22.9.14.

 

            The complainant in his affidavit has narrated the facts of the complaint and annexures and produced  invoice bill, job sheets and letter of warranty.   He deposed that laptop was defective from the date of  purchase and in spite  of several complaints, the defects were not removed to his satisfaction .    The laptop is still lying with opposite party.

 

            From the perusal of the documents relied upon by the complainant, it reveals that the complainant purchased laptop of lenova make, model No. Y560 serial No. Q B01511122 vide invoice No. SLF02A027O10018594 dated 11.7.2011 for sale consideration  of Rs. 45,794/- from opposite party No.1.  The laptop was given to opposite party No.3 several times for repairs.   On 6.2.2014 laptop was kept by opposite party No.3 to remove  the defects but till date  the same is not returned.   He is deprived of his right to use the lap top.

-4-

            We have heard the complainant in person and have gone through the complaint, affidavit dated 24.7.2014 and documents relied upon by him carefully and thoroughly.

 

 

            The version of the complainant has remained un-rebutted and un-challenged.    There is no reason to disbelieve unrebutted  affidavit of the complainant and documents relied upon by him.   The complainant from the affidavit and documents relied upon by him has been able to establish that he purchased the laptop  for Rs. 45,794/- on 11.7.11.   The laptop was  having defects from the date of purchase.  The opposite parties were several times informed, several complaints were also made to opposite parties in this regard but in vain.   The opposite party No.3 did not return the laptop to the complainant after repairs.   Therefore, the complainant suffered loss of                    Rs. 45,794/-, the  cost of laptop.   He  has also suffered mental pain, agony and harassment and loss of studies by his son for whom he purchased the laptop.

 

 

            Therefore, there is deficiency of service on the part of opposite parties  and loss of the laptop to complainant.  Hence, the complainant is entitled for Rs. 45,794/- cost of the laptop.  The complainant is also entitled for compensation of Rs 25,000/- on account of harassment, mental pain and agony suffered by him and loss of use of laptop in question.  He is also entitled                  Rs. 25,00/-as cost of litigation.

 

 

-5-

            In the light of above discussion and observations, the opposite parties No.1 & 3 are directed to pay  within one month from receipt of this order a sum of   Rs. 45,794/-, the cost of laptop with interest @ 9% p.a.  from the date of filing of complaint till actual realisation of the amount with compensation of                        Rs. 25,000/- for mental pain, agony, harassment, loss of studies by son of complainant.   They are also directed to  a sum of Rs. 2500/- as cost of litigation.  Both Opposite Parties No.1 and 2 are jointly and severally liable.

 

             Order pronounced on   : 22.01.2016

 

• Compliance of the order be made within 30 days after receipt of the order.
• Copy of order be sent to the concerned parties free of cost.
• Thereafter, file be consigned to record.

 

 

 

 

            (PUNEET LAMBA)                                                                   ( R.S.  BAGRI )

              MEMBER                                                                              PRESIDENT