Chandigarh

DF-II

CC/168/2022

Bir Davinder Singh - Complainant(s)

Versus

Micro Zone (Acer Mall) - Opp.Party(s)

Adv. Birdawinder Singh

24 Nov 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	168 of 2022
Date  of  Institution	:	18.02.2022
Date   of   Decision	:	24.11.2023

 

 

 

 

 

Bir Davinder Singh son of Sh.Darshan Pal Singh, resident of H.No.3010, Sector 52, Chandigarh

 

             …..Complainant

 

Versus

1]  Micro Zone (Acer Mall),SCO No.54, G.F. Sector 20-C, Computer Market, Tribune Road, Chandigarh through its authorized signatory

2]  ACER India Private Ltd., having its registered Head Office at Embassy Heights, 6^th Floor, No.13, Magrath Road, Banglore 560025 through its authorized signatory.

3]  ACER Service Centre, Sysnet Global Tech Private Ltd. having its registered head office at SCO No.357, Second Floor, Second 32-D, Chandigarh 160047 through its authorized signatory

    ….. Opposite Parties

 

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

                    MR.B.M.SHARMA,                 MEMBER

                               

Argued by  :    Complainant in person

OPs No.1 & 3 exparte

None for OP No.2

 

 

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

 

        The complainant has filed the present complaint pleading that he purchased one brand new Laptop make Acer AS A715-75G along with a DDR4 RAM of 8GB from OP No.1 on 08.7.2021 for Rs.63,500/- against receipt Ann.C-1 and it was carrying one year warranty. It is stated that just after one month of purchase, the laptop in question started giving problem of heating, which was reported to the OPs in 21.8.2021 vide Case ID No.41023201 (Ann.C-2), whereupon the technical expert of the OPs No.2 & 3 visited the complainant, repaired the laptop as well as changing its battery with an assurance that now it will work smoothly. However, soon after repair, the laptop in question started giving the same problem and it was again reported to the OPs vide Complaint No.41278231 (Ann.C-3).  It is submitted that again the technical expert of the OPs inspected the laptop, carry out necessary repairs and assured the complainant that now he will not face any problem in the laptop.  It is submitted that after 2-3 months, the laptop in question started giving same problem and it was reported to OPs on 7.1.2022 vide Complaint ID No.43260581 (Ann.C-4).  Thereafter, the technical expert of the OPs inspected the laptop and told that there is manufacturing defect in the laptop and assured that it will be replaced with new one by the complainant and the old laptop will be collected from the house of the complainant. It is submitted that the complainant waited for 6 months but no positive response has been received nor the laptop was replaced. Hence, this complaint has been filed with a prayer to direct the OPs to either replace the laptop or refund its price of Rs.59,000/- as well as compensation and legal cost.

 

2]       The OPs No.1 & 3 did not turn up despite service of notice, hence they were proceeded exparte vide order dated 07.12.2022.

         The OP No.2 put in appearance and filed short written version stating that the complainant has not issued a legal notice to answering OP about the dispute in question.  It is submitted that to end the consumer complaint, the OP No.2, agrees, as a gesture of goodwill and towards a full & final settlement, to repair the laptop computer of the complainant on free of charge basis.

 

3]       Replication has also been filed by the complainant controverting the assertions of OPs No.2 made in their written version.

 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the complainant in person and have gone through the entire record.

 

6]       The question to be decided whether there is deficiency in service or unfair trade practice on the part of the OPs in not providing after sale services by replacing the laptop in question despite several repairs or not?

7]       To find out answer to this issue, it is important to take into consideration the following facts and circumstances of the present complaint:-

         The complainant has alleged that the laptop in question started malfunctioning soon after its purchase and it was not set right despite repairs by the OPs. 

 

8]       The OPs No.1 & 3 despite being duly served, did not come forward to contradict the allegations set out in the present complaint, which raised a reasonable presumption that they failed to render due service to the complainant and have nothing to contradict meaning thereby that the OPs No.1 & 3 have duly admitted the claim of the complainant. 

 

9]       It is observed that though the OP No.2/Manufacturer has fairly conceded to repair the laptop in question free of cost but keeping in view the overall facts & circumstances of the present case, we are of the opinion that as the product in question becomes defective soon after its purchase, therefore, the complainant has lost faith upon the product in question and thus, it would be in interest of justice and equity to direct the OPs to refund its price to the complainant instead of its repairs and by not providing after sale services to the complainant i.e. replacing the laptop with new one.  It amounts to deficiency in service and unfair trade practice on the part of the OPs, which certainly has caused harassment, mental agony and loss to the complainant.

 

10]      Taking into consideration the above discussion & findings, the present complaint deserves to be partly allowed and the same is accordingly partly allowed against OPs No.1 to 3  The OPs No.1 to 3 are directed to refund the price of the laptop i.e. Rs.59,000/- to the complainant along with interest @ 9% p.a. from the date of its purchase/08.07.2021 till its actual realization. The complainant shall return the old laptop in question along with its accessories, if any, to the OPs on receipt of the awarded amount.

 

         This order be complied with by OP No.1 within 90 days from the date of receipt of its certified copy.

11]     The pending application(s) if any, stands disposed of accordingly.

        Certified copy of this order be sent to the parties, as per rules. After compliance file be consigned to record room.

Announced

24.11.2023                                                                         

Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

Sd/-

(B.M.SHARMA)

MEMBER