Orissa

Cuttak

CC/186/2021

Saurav Nayak - Complainant(s)

Versus

Lenovo India Pvt Ltd - Opp.Party(s)

S N Mohanty

24 Jun 2022

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

                                                                C.C.No.186/2021

Sourav Nayak,

S/O:Sudhansu Nayak,

At:Madhusudan Nagar,Talcherkothi,

Tulasipur,P.S:Bidanasi,Dist:Cuttack.                                            ... Complainant.

        

                                                Vrs.

1.        Chief Executive Officer,

Lenovo India Pvt. Ltd.,

Head Quarter,Ferns Icon,2,Outer Ring Road,

Doddanckundi,Mahadevapura,

Bangalore,Karnataka-560037.

 

2.       Director,Lenovo India Pvt. Ltd.,

Branch Office A/60,Mancheswar Industrial Estate,

Bhubaneswsar,Odisha-751007.

 

3.      Reliance Retail Ltd.(Reliance Digital),

Flat No.967,Khata No.758/190,Unit-24,

College Sqauare,Cuttack....Opp. Parties.

 

Present:               Sri Debasish Nayak,President.

                                Sri Sibananda Mohanty,Member.

 

Date of filing:    06.11.2021

Date of Order:  24.06.2022

 

For the complainant:            Mr. S.N.Mohanty,Adv. & Associates.

For the O.Ps               :                 None.

 

Sri Debasish Nayak,President.                         

            The case of the complainant in nut-shell is that the complainant in order to facilitate his studies had purchased one Lenovo 520-151KB Laptop on 13.7.2020 from the Reliance Retail Limited shop at College Square,Cuttack by paying a sum of Rs.50,197/- but soon after the purchase of the said Laptop it was noticed that it develops certain defects which could not be rectified even being repaired at the authorized service centre of O.P at Sahidnagar,Bhubaneswar.  After several exchange of e.mails and communications ultimately the complainant had to knock the door of this Commission by filing this complaint petition and thereby claiming a sum of Rs.58,990/- towards the cost of the said Lenovo Laptop together with a sum of Rs.60,000/- towards loss of his studies in Akash Institute, a sum of Rs.3,00,000/- towards his mental agony and botheration, a sum of Rs.5,00,000/- for loss of online further studies and also a sum of Rs.3,00,000/- for dislocation in appearance of his advocate mother before the Hon’ble High Court since because the Laptop was intended to be used by the complainant and his mother.  Thus, the complainant has claimed a total of Rs.12,18,990/- from the O.Ps.

            The complainant has filed copies of purchase receipts as well as communications and e.mails in between himself and the O.Ps in order to prove his case.

2.         The O.Ps having not contested this case were set exparte.

3.         Points for determination in this case are as follows:-

                        i.          Whether the case of the complainant is maintainable?

                        ii.         Whether the O.Ps in this case had committed deficiency in service?

                        iii.        Whether the O.Ps had adopted any unfair trade practice?

                        iv.        Whether the complainant is entitled to the benefits as claimed?

            From the unchallenged contentions of the complaint petition together with the supportive documents i.e. copies of purchase receipts and the e.mail communications in between the complainant and the O.Ps, it is noticed that infact the complainant had purchased the said Lenovo Laptop from the O.Ps which was found to be defective and could not be repaired even at the service centre of the O.Ps at Sahidnagar,Bhubaneswar.  Thus, the complainant had a definite cause and the case as filed by the complainant is maintainable.  By not repairing the defective Laptop properly, the O.Ps had committed deficiency in their service and thereby had adopted unfair trade practice.  As such this Commission is of a view that the complainant is entitled to the reasonable extent of the reliefs as claimed by him.  Hence it is so ordered;

                                                            ORDER

            The case is decreed exparte against all the O.Ps who are found to be jointly and severally liable here in this case.  The O.Ps are thus directed to immediately take back the defective Laptop of the complainant after paying  him the consideration amount that which was paid by the complainant to them together with interest @ 9% per annum from the date of purchase till when the total amount is quantified.  The O.Ps are further directed to pay a sum of Rs.50,000/- towards mental agony and harassment caused to the complainant and so also to his mother.  This order is to be carried out within a month hence.

            Order pronounced in the open court on the 24^th   day of June,2022 under the seal and signature of this Commission.

                                                                                                                                                                                                                                                 

                                                                                                                              Sri Debasish Nayak

                                                                                                                                        President

                                                                                                                       

                                                                                                                            

                                                                                                                         Sri Sibananda Mohanty

                                                                                                                            Member