Haryana

Karnal

168/14

Manoj Sharma - Complainant(s)

Versus

M/s GNG Electronics Pvt Ltd - Opp.Party(s)

Sh. Gaurav Sharma

29 Aug 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

                                                              Complaint No.168 of 2014

                                                             Date of instt.: 16.06.2014

                                                               Date of decision 29.08.2016

 

Manoj Sharma son of Shri Satpal Sharma resident of village Uchana, District Karnal.

 

                                                                   ……..Complainant.

                                      Vs.

1. M/s GNG Electronics Pvt. Ltd. c/o YCH Logistics India Pvt. Ltd. plot no.59, Maheshwari Nagar, 1^st main, Mahadevpura, Whitfield Road, Bengluru, Karnataka.

2. M/s Softech Computer Delhi Ltd., DSS 212, Ground Floor, Sector-12, Near Nirmal Kutia Chowk, opposite Doninos Piza, Karnal Haryana.

 

                                                                   ………… Opposite Parties.

 

                     Complaint u/s 12  of the Consumer Protection Act.

 

Before                   Sh.K.C.Sharma……….President.

                   Sh.Anil Sharma…….Member.

 

Present:-      Shri Gaurav Sharma Advocate for complainant.

                    Opposite parties exparte.

                                       

 ORDER:

 

                   This complaint has been filed by the complainant u/s 12 of the Consumer protection Act 1986, on the averments that he purchased one laptop make Dell Inspiron 15 (3521) through online for the sum of Rs.37590/- vide bill invoice no.200015299 dated 20.04.2013, order no.200022252 dated 19.4.2013. From the very beginning the laptop was having problems of touchpad, sound, keypad, heat in mother board and in two other parts. He reported the matter to the opposite parties and the opposite parties requested him to contact at the online Dell Service Centre. He approached the opposite parties no.1 and 2 and made complaints several times to remove the defects of laptop, but after several efforts opposite parties failed to repair the laptop and told that there was manufacturing defect and it could not be removed. Such acts on the part of the opposite parties amounted to deficiency in service.

2.                Notice of the complaint was given to opposite parties. None put into appearance on behalf of opposite parties despite service, therefore, exparte proceedings were initiated against them.

3.                In evidence of the complainant, his affidavit Ex. CW1A and documents Ex.C1 to C3 have been tendered.

4                 We have heard the learned counsel of complainant and have also gone through the documents placed on file carefully.

5.                The complainant purchased one laptop make Dell Inspiron 15(3521) through online for a sum of Rs.37,590/-, vide bill dated 19.4.2013. As per allegations of the complainant from the very beginning of its purchase it was not working properly, as there were problems of touchpad, sound, keypad, heat  in mother board and in two other parts. So he reported the matter to opposite parties  no.1 and 2, the authorized service centre of the company, who kept the laptop for rectification of defects, but did not rectify the defects and returned the same without any repair and told that there was manufacturing defect in the laptop, which could not be removed. The complainant has also filed his affidavit in support of his allegations. The copy of document Ex.C3 clearly shows that the laptop was having problems during warranty period. Thus, evidence of the complainant has gone unrebutted and unchallenged, therefore, there is no reason to disbelieve the same. It was the duty of the opposite parties either to rectify the defects or in case the defects were not repairable then replace the laptop of the complainant. Hence, it is well proved that the service of the opposite parties  was deficient.

6.                As a sequel to the foregoing reasons, we accept the present complaint and direct the opposite parties to repair the laptop of the complainant and if the same is not repairable then replace the same with new one of the same value. We further direct the opposite parties to pay Rs.2200/- to the complainant on account of mental agony and harassment suffered by him and for the litigation expenses. This order shall be complied within 30 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated: 29.08.2016

                                                                                      (K.C.Sharma)

                                                                                         President,

                                                                             District Consumer Disputes

                                                                             Redressal Forum, Karnal.

                             (Anil Sharma)

                               Member