DATE OF FILING                    :           12-11-2012.

DATE OF S/R                            :         04-12-2012.

DATE OF FINAL ORDER      :           03-01-2013.

Shaonli Patra,

c/o. Nishit Patra,

Village & P.O. Amta, Howrah,

PIN – 7111401.-----------------------------------------------------------------  COMPLAINANT.

Versus   -

MACRO INFOTECH,

Pro. Naba Kumar Dolui,

Computer Sales and Service

Uluberia ( near railway cast cabin ),

Howrah – 711316.-------------------------------------------------------------OPPOSITE PARTY.

P    R    E     S    E    N     T

President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

Member      :      Shri P.K. Chatterjee.

Member       :     Smt. Jhumki Saha.

F  I   N   A    L       O   R   D    E     R

1.       The instant case was filed by complainant   U/S 12 of the  C.P.  Act, 1986,

as amended against the O.P.  alleging deficiency in service U/S 2( 1 )( g ),  2( 1 )( o )  and unfair trade practice  U/S 2(1)( r ) of the C.P. Act, 1986 wherein the complainant has prayed for passing necessary direction  upon the O.P., M/S. Macro Infotech for necessary remedial measures including other reliefs as deemed fit  by the Forum.

2.            The brief facts of the complaint is that the complainant is a student purchased Dell Insprion 5040 Laptop cost of which is Rs. 33,300/- including all other charges on the dated 18-11-2011 from the o.p. and got malfunctioning  within six months during the warranty period and the same duly been informed to the concerned o.p. ( herein Macro Infotech ) who subsequently received the said laptop for set right the same on 08-09-2012. In spite of repeated requests made by the complainant the o.p. did not take care of for set right the same nor return  in serviceable condition with some flimsy ground and demanded some money which in turn the complainant compelled to pay inanticipation that the o.p. will return the same in good condition. 

3.            The o.p. ( herein Macro Infotech ) admitted the facts in his written version for

selling the Laptop of  Rs. 33,300/- on 18-11-2011  through Tax in voice no. 000210 dated 18-11-2011. The o.p. also stated that he received Rs. 1,000/- as advance against total agreed amount of Rs. 3,000/- for set right the defects arising out in the laptop during warranty period  with a money receipt. The o.p. denied all the facts as stated by the complainant in her complaint with the ultimate object  to extract the money from the o.p. for her illegal gain.

4.            Upon pleadings of both parties two points arose for determination :

i)          Is there any deficiency in service on the part of the O.P.  ?

Whether the complainant is  entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

5.                            Both the points are  taken up together for consideration.             Admittedly the complainant purchased a laptop for a cost of Rs. 33,300/- on 18-11-2011 have developed some troubles within the warranty period, having been noticed to the o.p. for this malfunctioning of the purchase item, the o.p. on some flimsy ground harassed the complainant to set right the same. Moreover, the o.p. ( herein Macro Infotech ) demanded Rs. 3,000/- for set right the same in spite of the facts the laptop in question developed troubles within the warranty period.  The complainant having finding no other alternative paid Rs. 1,000/- as advance against agreed amount of Rs. 3,000/-. Moreover, the o.p. misbehaved with the complainant for which a G.D. had been lodged at the Uluberia P.S. vide Case no. 1617 dated 18-10-2012.

6.                            From the above it is pertinent point to note the o.p. sold the laptop and the same developed troubles within the warranty period resultant the complainant failed to operate the said laptop in satisfactory condition which caused her mental pain and harassment with jeopardize her  day to day education purpose as a post graduate student. 

7.                            Therefore, it is a clear negligence and deficiency of service of the o.p. The o.p. has failed to show / adduce any evidence which proved the cause of delay regarding set right the laptop in spite of the facts that the laptop developed troubles within the warranty period.

                Therefore, we hold our considered opinion that o.p. has deficiency in service by not taking due care regarding set right the laptop. As it is already proved that the o.p. has deficiency in service, therefore the complainant entitled to get relief.

                Hence,

O     R     D      E      R      E        D

                That the C. C. Case No. 154 of 2012 ( HDF  154 of 2012 )  be  allowed on contest against the o.p. with  a litigation costs  of Rs. 1000/-.

                The O.P. is hereby  directed to replace the existing laptop by a new one with same specification (Dell Insprion 5040 Laptop configuration of 4 GB Ram, 500 GB HD, Windows -7 ) or alternatively pay Rs. 32,020/- ( purchase value of the laptop ) with interest 9% p.a. from the date of deposit to the o.p. i.e. 08-09-2012 within 30 days.

                The o.p. is also directed to pay Rs. 5,000/- for mental agony and harassment of the complainant.

                The entire amount of  Rs. 6,000/- should be payable within 30 days in default a penal interest @ 9% p.a. shall be levied on the unpaid amount till realization.

                The complainant is at liberty to put the decree into execution after expiry of the appeal period.

                Supply the copies of the order to the parties, as per rule.