IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated, the 28th day of October, 2022.
Present: Sri. Manulal V.S. President
Smt. Bindhu R. Member
Sri. K.M. Anto, Member
C C No. 156/2020 (Filed on 07-10-2020)
Petitioner : Shebin K. Cyriac,
S/o. Kurian,
Kaithamattam House,
Muttuchira P.O,.
Kottayam
(Adv. Rohit Ajay)
Vs.
Opposite parties : 1. Customer Relations Manger,
Lenovo India Pvt. Ltd.
Ferns Icon, Level 2,
Outer Ring Rd,Doddanekundi,
Mahadevapura, Bengalureu,
Karnataka – 560037.
2. C.E.O.
Lenovo India Pvt. ltd.
Ferns Icon, Level 2,
Outer Ring Rd,Doddanekundi,
Mahadevapura, Bengalureu,
Karnataka – 560037.
(For Op1 and 2, Adv. Jomy Joseph
Adv. Nair Ajaykrishnan and Adv.
Manishkumar C.)
3. Proprietor,
Nine Mobiles and Systems
Palathinka Building,
Aida Junction, Kottayam
Pin – 686001.
(Adv. Abhilash Chandran)
O R D E R
Sri. K.M. Anto, Member
The complaint is filed under section 35 of the consumer Protection Act 2019.
The brief of the complaint is as follows. The complainant had purchased a Lenovo
LED Monitor model D.19 from the Third opposite party on 12.04.2020.At the time of purchase the third opposite party assured that the product box contains a fully functioning Lenovo LED Monitor and contains all essential cables including power cable, HDMI Cable and is having 3 year manufacturing warranty. Complainant verified this through the opposite party website www.pcsupport.lenovo.com. The Website of opposite parties 1 and 2 also show that the product box will contain D19-10 HDMI cables,D19-10 FRU Stand base, D 19-10 18.5 inch FRU Monitor. After the purchase when the Box was opened it was found that the box contains only Led Monitor, Monitor stand and user manual. The power cable and HDMI cable were not found in the Box. The matter was intimated to the third opposite party on the same day. The complainant registered a complaint to the 1st and 2nd opposite parties through Email on24/04.2020. Evenafter several requests the opposite parties denied to resolve the grievance of the complainant. Due to the non availability of the cables this product is not useful for its purpose. The above act of the opposite parties is unfair trade practice and deficiency in Service. Hence this complaint is filed.
On admission of the complaint copy of the complaint was duly served to the opposite parties. The opposite parties 1 and 2 appeared and filed their version
The version of the opposite parties 1&2 is that the information shown on the website shows the parts which will be available/compatible with the machine and
in market, not in box so that if any customer wants to purchase additional accessories apart from the content in the box same can be purchased online. In the box content was the same as mentioned in the box. There is no mention about cable in the box label. The Monitor is sold with Monitor and stand. There is no deficiency in service on the part of opposite parties 1 and 2.The service provider of the opposite party had duly attended the complaint of the complainant by taking necessary measures as per the warranty requirements.
The complainant filed proof affidavit and marked documents Exhibit A1 to A3.
Even though the first and second and parties filed their version they failed to appear before the commission to defend their case or to adduce any evidence
On the basis of the complaint, Proof affidavit of the complainant, Version of the opposite parties and evidence adduced we would like to consider the following points.
1. Whether there is Unfair Trade Practice or Deficiency in Service on the part of the opposite parties.
2. If so what are the reliefs and costs.
For the sake of convenience we would like to consider points 1 and 2 together.
Points 1 &2
On the basis of the complaint and evidence on record it is clear that the complainant had purchased an LED Monitor Model D19 from the third opposite party for an amount of Rs.5,117/-on12.04.2020.The Product contained Led Monitor, Stand and user manual only.
Ext A1 is the Tax Invoice dated 12.04.2020 issued by the Third opposite party for the sale of Lenovo Led Monitor18.5” and power strip for a total amount of Rs.5117/-.
Ext A2 is the Copy of the product details shown in the website of Second opposite party which shows that Lenovo D19-10 Monitor contains D19-10 HDMI cable (1.8m, RoHS), D19-10FRU stand and base, and D19-10 18.5inch FRU Monitor.
Ext A3 is the copy of the email complaint submitted before 1st and 2nd opposite parties on 24/04/2020 by the complainant
Section 2[47, (1) (a)] of Consumer protection Act 2019 defines unfair trade
Practice as follows.
“Unfair Trade practice” means a trade practice which for the purpose of sale, use or supply of any goods or for the provision of any service, adopts any unfair method or unfair or deceptive practice including any of the following practices, namely:-
(1) Making any statement, whether orally or in writing or by visible representation including by means of electronic record, which-
(a) falsely represents that the goods are of a particular standard, quality, quantity, grade, composition, style or model.
From the above discussed findings it is clear that the D19-10 HDMI cable (18.5”, RoHS) as advertised vide Ext A2 in the official website was not provided to the complainant along with the LED Monitor purchased vide Ext A1.The opposite parties failed to take necessary further steps to resolve the Ext A3 complaint reported by the complainant.
This act on the part of the opposite parties amounts to unfair trade practice and Deficiency in service on their part as per the Consumer Protection Act 2019.Hence points No 1 and 2 are found in favour of the complainant. We allow the complaint and pass the following orders.
1 .The Second opposite party is directed to provide Lenovo D19-10 HDMI cable (18.5”, RoHS) to the complainant within 30 days from the date of receipt of the copy of this order
2. The second opposite party is directed to pay Rs.10,000/- as compensation for the mental agony and sufferings with cost Rs.1,000/- to the complainant.
The Order shall be complied within 30 days from the date of receipt of this Order, failing which the amounts will carry 9% interest from the date of Order till realization.
Pronounced in the Open Commission on this the 28th day of October, 2022
Sri. K.M. Anto, Member Sd/-
Sri. Manulal V.S. President Sd/-
Smt. Bindhu R. Member Sd/-
Appendix
Exhibits marked from the side of complainant
A1- Copy of invoice dtd.12-04-2020 issued by 2nd opposite party
A2 – Copy of product details
A3 – Copy of e-mail
Exhibits marked from the side of opposite party
Nil
By Order
Sd/-
Assistant Registrar
