This is an application u/s.12 of the C.P. Act, 1986.

            Complainant by filing this complaint has submitted that he purchased one Dell Inspiron I5R Laptop Model No.5110, service tag no.BS2WLPI, Express Service Code 25642538965 from Dorado Infotech Pvt. Ltd. having its shop no.1196, C.R. Avenue, Kolkata – 700 072 on 17-12-2011 on payment of Rs.44,000/- but after 9 month i.e. on 15-09-2012 some problem was faced by the complainant in handling the said laptop and as because there is warranty for one year from the date of purchase he contacted with Del Authority and its service centre but after placing the same before the service centre they came to know that it was not registered with them and they cannot service it until and unless it was registered.  So, he went to the shop owner from whom it was purchased but the seller reported that laptop was registered on the same date of purchase but suggested that it would be registered from them within a week and also met the shopkeeper who also assured that it would be registered from them but no progress was found but even after waiting upto 16-10-2012 nothing was done but it was intimated that if the validation of the warranty is not made in that case the product will be replaced but nothing has been done as yet so complainant being harassed as a B. Tech student of Information Technology filed this complaint praying for refund of the money of laptop or getting a laptop with proper registration number by manufacturer and valid warranty and compensation.

            Whereas OP Del India Pvt. Ltd. by filing written version has admitted that complainant has purchased a Dell Laptop bearing Service Tag No.BS2WLP1 from the OP1 on 17-12-2011 and in fact it was maladapted laptop and OP1 has no authorized power to sell the laptop in India and the said system was originally manufactured in Pakistan in Aug 2011 and the said syste expired in November, 2012 and it was imported to India via parallel channel and sold to the complainant without any knowledge of Dell India Pvt. Ltd. and further submitted that the said system does not have international warranty and the system does not have service support in India and so, complainant is not entitled to any service and there is no deficiency in service on the part of the Dell India Pvt. Ltd.

            Further it is submitted that OP1 is not an authorized dealer/retailer of Dell India Pvt. Ltd. to sell the said system and such sort of sell is unfair trade practice and OP1 importing the old and used computers, laptops from outside of India and was selling them here in India.  So, in all respect OP1 is responsible and OP2 is in no way responsible.  But it is specifically mentioned that on 13-05-2013 representative of the OP2 namely Sridhar Gurumurthy spoke to the complainant after getting court notice and gave some service as onetime as goodwill as gesture but complainant refused it and fact remains the entire system of the said laptop in question is neither manufactured or sold by Dell India Pvt. Ltd. in India so, they are not responsible for replacement to the complainant in question of the said system.

            Anyhow, OP1 did not appear to contest though summons were duly served.  So, the case was finally heard for judgement.

Decision with Reasons

On proper evaluation of the argument as advanced by the complainant himself and Ld. Lawyer for the OP2 and also considering the complaint and written version it is clear that complainant must have to prove at first that the laptop Dell Inspiron 15R Laptop Model No.5110, being service tag no.BS2WLPI was manufactured by the present OP2 Dell India Pvt. Ltd. and in this regard we have gone through the tax invoice by which the complainant has purchased the said laptop on 17-12-2011 it is found that complainant purchased the said laptop with warranty of one year of the Dorado Infotech Pvt. Ltd. not manufactured of Dell India Pvt. Ltd. and further it is found that nowhere it is noted that said laptop Dell Inspiron I5R Laptop Model No.5110 was manufactured by Dell India Pvt. Ltd.   Further from a letter of the OP1 it is found that OP1 sent this laptop for warranty validation and he has also reported in writing to the complainant if there is any dispute regarding warranty and products same will be replaced and considering the letter of the OP1 dated 01-10-2012 it is found that complainant no doubt was deceived by the OP1 the seller who sold away foreign made laptop of Dell and it was manufactured in Pakistan and OP1 somehow managed to procure it and sold it deceiving the complainant knowing fully well that any laptop of Dell manufactured outside India cannot get any service of repairing or warranty of Dell India Pvt. Ltd.   So, considering that material it is clear that Dorado Infotech Pvt. Ltd. sold away the present laptop to the complainant knowing fully well that the said laptop had no warranty of Dell India Pvt. Ltd. and so, the seller OP1 in writing reported to the complainant if there is any dispute regarding warranty/product will be replaced but OP1 has not replaced it and fact remains it is not manufactured by Dell India Pvt. Ltd. but it is a foreign goods so there is no warranty by Dell India Pvt. Ltd. i.e. OP2.

            Considering that fact we are convinced to hold that OP2 has no liability for replacement of the said laptop or for refund of the money but it is proved that OP1 by adopting unfair trade practice procured foreign made used Dell Laptop and sold it to the complainant and by that way OP1 has deceived the complainant and so, no doubt complainant has entitled to get back the entire amount with compensation from the OP1 only.  When it is proved that the alleged warranty cannot be given by the OP1 or any seller and for which in the tax invoice there is no mention regarding the name of the manufacturer and warranty guaranteed by which company and fact remains the entire conduct of the OP1 is unmerchantable and for which the OP1 should be imposed some penalty, punitive damages etc., not only for adopting unfair trade practice and also for handling foreign goods without any license which is unmerchantable in nature.

In the result, the case succeeds in part.

Hence,

Ordered

That the case be and the same is allowed ex parte with a cost of Rs.10,000/- (Rupees Ten thousand only) against OP1 Dorado Infotech Pvt. Ltd. and same is dismissed without cost against OP2.

            OP1 is hereby directed to refund a sum of Rs.44,000/-(Rupees Forty four thousand only) to the complainant for selling pirated laptop from Pakistan without any warranty and further to pay a sum of Rs.25,000/- (Rupees Twenty Five thousand only) for causing damages, harassment to continue her education in B. Tech Class for last two years.

            OP1 is hereby directed to pay the said total amount refund of Rs.44,000/- + Rs.10,000/- as litigation cost + Rs.25,000/- as compensation totalling Rs.79,000/-(Rupees Seventy nine thousand only) within 15(fifteen) days from the date of this order.

            OP1 is also directed to pay punitive damages of Rs.25,000/- (Rupees Twenty Five thousand only) for adopting unfair trade practice and for deceiving the customer in such a fashion and same shall be deposited to this Forum.

            OP1 is directed to comply the order within 15 days from the date of this order to satisfy the decree failing which for non-compliance of the Forum’s order and for disobeyance of the Forum’s order OP1 shall have to pay penal interest @Rs.300/- per day till full satisfaction of the decree if same is collected it shall be deposited to this Forum and further penal proceeding u/s.27 of the C.P. Act shall be started for proper implementation of this order.

      Dictated & Corrected

               by me