Hon'ble Mr. Haradhan Mukhopadhyay, President.

The basic fact of the case of the Complainant in a few wards is that the Complainant Naznin Mandal is a Primary School teacher and due an urgent need the Complainant ordered a Laptop Vostro 3491(8 GB RAM) but the OP delivered Dell-V 14 3000( 4 GB RAM)  vide Invoice No.27 dated 07.06.21 for a price of Rs.39,200/- and one crucial 120 GB SSD vide Invoice No.28 dated 09.06.21 for Rs.2850/- the total sum of RS.42,050/- which the Complainant paid to the OP. Thereafter the Complainant after opening the box of Laptop found that the OP did not deliver the Laptop as per her choice which he informed personally and also by personal massage. Subsequently the OP wanted to change the said model but did not change it afterwards. Due to non-delivery of correct model of Laptop and non refund of the purchase money the Complainant lodged a written complaint to the OP by registered post with AD which the later received but did not respond at any point of time. It is also pertinent to mention that the Complainant sold one desktop to the OP for RS.6000/-. But till today the OP did not pay any money. Having found no alternative the Complainant filed this complaint. Subsequently after mediation the OP confirmed that she would return the money within 27.10.21 but did not obey his promise. The misdeed on the part of the OP tantamounts to deficiency in service for which the Complainant sustained financial loss which gave rise to the cause of action on 07.06.21, 09.06.21, 24.08.21 and 23.10.21 and is still continuing. The Complainant therefore prayed for an award for Rs.39,200/- as the cost of Laptop and Rs.2850/- towards cost of Crucial, refund of Rs.6000/- as price of Desktop, Rs.50,000/- for deficiency in service and Rs.10,000/- for loss and Rs.10,000/- for litigation cost.

The OP Sri Jitendra Das proprietor of Solution Zone Cob preferred not to contest the case despite service of summons and notices. Accordingly the case is decided to be heard ex-parte against OP.

The Complainant Naznin Mandal adduced evidence by filing affidavit in chief and filed some documents namely receipt/vouchers of purchase of Dell-V Laptop for Rs.38,200/- and Laptop bag Rs.1000/-, crucial 120 GB SSB for Rs.2850/-, electronic letter showing “Model change aache” correspondence relating to the said Laptop, written complaint by the Complainant to the OP dated 19.06.21, return of proceedings before the Consumer Affairs and Fair Business Practice, Cooch behar dated 24.08.21 and the note sheet dated 27.10.21.

After perusing the entire pleading and the evidence on record along with document filed by the Complainant it is established that the Complainant had transaction with the OP Company for purchasing Laptop. The documents also disclose that there were some inconsistency in the said transaction which the OP admitted in correspondence to the effect that the said Laptop ought to be the changed. The different Annexures through evidence on affidavit by the Complainant also establish that the Complainant purchased one Crucial of 120 GB and subsequently she sold one old Desktop computer to the OP for Rs.6000/-. There is nothing to show that the OP paid the said amount to the Complainant.

The major allegation against the OP by the Complainant through evidence on affidavit stand duly corroborated by the documentary evidence in the form of different Annexure. The cumulative evidentiary value of the document filed by the Complainant clearly supports the case of the Complainant.

The entire oral and documentary evidence of the Complainant stands unchallenged and un-discarded in as much as the OP preferred not to contest the case vis-à-vis failed to establish any defence case in his favour.

Thus after perusing the specific complaint duly filed by the Complainant as well as the evidence on record in the form of evidence on affidavit and the relevant documents, led this Commission to hold that the OP acted in a manner to the Complainant which tantamounts to deficiency in service which caused financial loss as well as mental pain and agony to the Complainant. In the result the Commission is of the view that the Complainant deserves to get an award as per the prayer made in the complaint.

Consequently the Complainant case succeeds ex-parte.

Hence, it is

Ordered

That the instant case CC/57/2021 succeeds ex-parte with cost of Rs.10,000/-. The Complainant do get an award of Rs.39,200/- towards cost of Laptop, Rs.2850/- for cost of crucial 120 GB SSB, Rs.6000/- towards cost of Desktop, Rs.50,000/- for deficiency in service, mental pain and agony and Rs.10,000/- for loss of non used Laptop.

The OP is directed to pay a total sum of Rs.1,18,050/- being the total award sum as above within 30days from the date of passing the order to the Complainant in default the said awarded sum shall carry an interest of 6% per annum from the date of passing the order till the date of realisation.

Let a plain copy of this Order be supplied to the concerned party by hand/by Registered Post with A/D forthwith, free of cost, for information & necessary action as per rule.

The copy of the Final Order be also available in the official website: www.confonet.nic.in.

Dictated and corrected by me.