Date – 07.03.2022

SRI  SWADES  RANJAN  RAY

                                 President

After receiving summon Opposite Party No.1, 2 and 3 remain absent without any step. Hence, this case is proceeded ex parte against all the Opposite Parties.

Facts of this case, in short, is that the Complainant purchased a Lenovo laptop from the Opposite Parties.  After purchase, the laptop was not functioning properly.  Complainant made several complains to customer care service of Opposite Party on several dates.  But the problem in laptop is remained as it is. That Complainant requested the Opposite Party for replacement of alleged laptop, but Opposite Party remained silent and did not take step for replacement of laptop.

Hence, this case,

Points for decision

                                     I.  Whether Complainant has any cause of action to file this case or not?

                                    II.  Whether there is any deficiency of service on the part of Opposite Parties or not?

                                    III. Whether Complainant will entitle to get any relief / reliefs as prayed for or not?

Decision with reason

All these points are taken up together for sake of convenience and brevity.

I have carefully perused the petition of complaint, affidavit in chief, Brief Note of Argument (BNA) and available documents.  Wherein I found that the Complainant purchased the laptop from the Opposite Parties and paid entire consideration money.  But the said laptop was not functioning properly at the very beginnings.  The member of customer care service visited several times but failed to solve the problems.

Hence, in my view, conduct of Opposite Parties amount to deficiency of service U/S 2(11) of Consumer Protection Act, 2019 and Complainant has cause of action to file this case under Consumer Protection Act, 2019.

Moreover, there is nothing before this Commission to disbelieve the unchallenged testimony of Complainant.

All the points disposed of accordingly.

In the result, this complaint case succeeds.

Court Fee paid correct.

Hence, it is,

                                               O R D E R E D

that the complaint case be and the same is allowed ex parte against all the Opposite Parties.

Opposite Parties are directed to replace the defective laptop within One (1) month from the date of this order.

In default, Opposite Parties are directed to pay jointly and severally of ₹28,990/- (Rupees Twenty Eight thousand Nine hundred and Ninety only) along with interest @ 5% per annum from the date of filing of this case i.e. 26.07.2021 till the date of realization of the entire amount within 1 (One) month from the date of this order.

Opposite Parties are directed to pay jointly and severally compensation of ₹10,000/- (Rupees Ten Thousand only) for mental pain and agony and litigation cost of ₹5,000/- (Rupees Five Thousand only) in favour of Complainant within 1 (One) month from the date of this order.

Liberty given to the Complainant to file Execution Case in case of failure to make payment by the Opposite Parties within schedule time as mentioned above.

Hence, this complaint case is disposed of accordingly.

Let a copy of this judgement be handed over to the Complainant at free of cost.