MR LAXMI NARAYAN PADHI, PRESIDENT…             The facts of the complaint is that, the Complainant had purchased a Laptop set Make Inspiron 15 Dell vide its Service Tag No.3N01512, Core 13, 4 GB Ram, 500 GB Hard disk with 15.6" Led bearing Self declaration Confirming to 13252 (part-1) 2010 R-41000337, vide Express Service Code No. 7921122230, 33308/SDPP/2014, 3878 on dated 29/09/2014 bearing invoice no.95 from OP.No-01 by paying an amount of Rs.34,500/-. The complainant submitted that, after purchase and use of just two months the said set appears problems like, Keyboard became unfunctioned, uncontrolled brightness in display, slow internet, overheating & low back up battery etc. The complainant approached the OP.no.2 on dt.4.11.14 through toll free number to redeem the set who provided the complaint Regd. No.902839645 and deputed their Service engineer promptly who replaced a new keyboard and some other repair to the satisfaction and issued a service job sheet to that effect, but subsequently later some days the set became shows the same condition as it was in previous. Hence the complainant further approached the OP.2 for several times through their toll free number but for no action. So in need of exigencies the complainant again approached the OP.2 through toll free number on dt.01.06.2015 at about 1.30 P.M with complaint Regd. No.911862058 and requested to redeem or replace the laptop set, but for no result so far. Hence, the complainant came to know that the said set has some inherent/manufacture defect which could not be repaired by the OP.s. Being a petty businessman the complainant elapse his life for the purpose of livelihood by means of self employment and inflicted huge losses in his business and valuable times due to the substandard set of OP.s, hence the complainant harassed a lot, which amounts to gross negligence and deficiency in service under the provisions of Consumer Protection Act.1986. Hence the complainant craves the leave of this Hon’ble forum with this petition along with an affidavit. Due to such illegal action of the OP.s., the Complainant inflicted great humility, physical discomfort, financial losses and mental agony. So he prays the Hon’ble Forum to direct the OP.s to pay the price of the said laptop set as mentioned above along with a punitive cost of Rs.60,000/- as compensation and Rs.5,000/- towards cost of the litigation for such negligence and deficiency in service on the part of the OP.s.

2.         The OP.no.1 has filed his counter and stated that, the instant complaint has no specific allegation on him for any kind of deficiency in service. The complainant never approached him for any complaint. The OP.1 has no role or authority to render any service to the said laptop. If there any defect in the product, then the company i.e. OP.2 being the manufacturer and service provider is answerable. Without going in to the unnecessary details, the OP.1 submitted that, he is only a retailer of the set and he is doing business for his livelihood and getting a small margin of profit from the company depends upon his marketing. Being an agent/mediator between customer and company he carrying his business for his livelihood, hence he is not entitled for any compensation for any kind of inherent defect of the set. Hence he prayed to drop the case against this OP in the ends of justice.

3.         On the other hand, the OP.2 neither appeared nor files his counter in the case despite chances given for 05 months of its admission. Hence the OP.2 set ex parte as per provisions enumerated in Sec.13 (2) (b) of the C.P.Act.1986. The complainant & OP.1 has filed copy of certain documents along with their affidavit on support of their claims. They both heard the case at length and perused the records. Submissions considered.

4.         The consumer protection act is a socio economic beneficial law, intended for speedy delivery of justice to the aggrieved consumers and every complaint is supposed to be disposed off within a timeframe in consonance with the objects of the benevolent legislature, but inordinate delay in procurement of evidences and counter by the parties have emerged for reaching delirium to achievement of such objects.

5.         From the above submissions, it is found that the complainant has procured the laptop set on dt.29.09.2014 and the same became defect with in valid warranty period. It is seen from the record that, the complainant has filed a job sheet being served by the service engineer of Dell Mr Sudhir dt.11.8.14, where he replaced the defective key board with a new one and taken the existing parts of the defective set. Further it is seen that, soon after replacement of keyboard, the set again showed defect, hence the complainant again on dt.01.06.2015 approached the OP.2 through toll free number and lodged his complaint bearing registration no.911862058 and requested to repair the set as it was in valid warranty period but the OP.2 neither taken any initiation to his complaint nor replaced the set with a new one. We physically verified the alleged laptop set and found defects as averred in the complaint petition. As per the specifications of service warranty conditions, the complainant approached the OP.s for necessary repair showing the above said troubles, but the OP.s neither repaired the set through their service engineer nor replaced the set with a new one and deliberately kept the complainant in dark. Considering the evidences, submissions filed by the complainant, we feel that, the laptop set of the complainant has inherent manufacture defect and the OP failed to provide service when it requires within valid warranty period. Hence the complainant going through mental tension, inflicted financial losses and valuable times craves the leave of this forum under compulsions.

6.         Before going to the conclusions and from the status of record, we have observed that, despite receiving notice from this forum the OP.2 not only abstain to participate in adjudication but also failed to file any counter in the case, hence there is nothing to disbelieve with the contentions of complainant unless filing counter and evidences by the OP. Despite repeat approaches, the OP.s being highhanded, arbitrarily in conceit temper abstained to render any service to the complainant during needful time within valid warranty period which amounts to gross negligence and deficiency in service under the provisions of Consumer Protection Act.1986. Hence we feel that the action of OP.2 is illegal, unfair, arbitrary and contrary to the provisions of contract of sales, hence found guilty of deficiency in service under the provisions of C.P.Act 1986, hence the complainant is entitled for relief.

            As thus the complaint is allowed against the OP.no.2 with costs.

O  R  D  E  R

i.          The opposite party no.2 supra is hereby directed to pay the price of the laptop set i.e. Rs.34,500/- (Rupees Thirty four thousand & five hundred) inter alia to pay Rs.12,000/-(Rupees twelve thousand) as compensation and a sum of Rs.5000/-(Five thousand) towards the cost of litigation to the complainant.

ii.         All the above directions shall be complied with in 30 days of this order, failing which, the total sum will bear 12% interest per annum till its realization.

            Pronounced in the open forum on this the 30th day of Nov'2015.

 Sd/-                              Sd/-                                    Sd/-

MEMBER            MEMBER                    PRESIDENT, DCDRF,

                                                                        NABARANGPUR.