Date of filing: 29.09.2020                                                       Date of disposal: 31.08.2022

Complainant:               Jahir Abbas Molla, Resident of Vill. & P.O. - Dignagar, P.S.- Aushgram, Dist.-Purba Bardhaman-713128.

-VERSUS –

Opposite Party:            M/S IT World Lappy Care having its office at I, Chandni Chowk, Near Sabir Hotel, Kolkata-700072, represented its proprietor Salman Gulshan

Present                                    : Mohammad Muizzuddeen                -Hon’ble President.

                                    : Mrs. Lipika Ghosh                           -Hon’ble Member.

                                    : Atanu Kr. Dutta                               -Hon’ble Member.

Appeared for the Complainant:                       Santi Ranjan Hazra,     Ld. Advocate.

Appeared for the Opposite Party:        Ex parte.

                                                                                      Date: 31.08.2022

F i n a l  E x P a r t e  O r d e r

     Today is fixed for passing ex parte order. The complainant files hazira. The record is taken-up for passing ex parte order.

     On 29.09.2020, the complainant has filed this complaint u/S 35 of the C.P. Act, 2019 against the O.P.

 The case of the complainant in brief is that the complainant is an Advocate of Burdwan District Judges Court and on being attracted by the advertisement displaced on YouTube, he purchased a second hand Laptop on 02.07.2020 manufactured by HP with features; Core i3 Pavilion 4GB & 500GB from the shop of the O.P.  The O.P. assured that the second hand laptop has been reconditioned and in good condition and battery backup will be about 2 hours. The product was under six months warranty against any defect and the price of the product was 13,500/-. After taking delivery of the said product, the complainant started to use the product and witnessed that the battery cell of the laptop was totally in damage condition. So, he immediately communicated the same to the O.P. One relative of the complainant was also purchased second hand laptop on the same day and faced the same problem. On 12.08.2020, the complainant along with his relative went to the shop of the O.P. in Kolkata and the O.P. denied replacing the laptop, even its battery. On the contrary, the O.P. and his associates misbehaved with them and the complainant purchased a new battery at a price of Rs.1300/- to make it useable condition. The O.P. has intentionally and deliberately sold out the defective laptop to various customers including the complainant. Therefore, the O.P. committed deficiency in service and unfair trade practice though the laptop was well within the warranty period yet the O.P. did not do anything. Upon this background, the complainant prayed for passing an order directing the O.P. to replace the same or return the entire sale price of the same along with a direction to pay a compensation of Rs.10,000/- towards mental agony, for deficiency in service and Rs.10,000/- towards  unfair trade practice along with a litigation cost of Rs.20,000/-.

In spite of having received the notice, the O.P. did not come to contest the case. Accordingly, the case is heard ex parte.     

D e c i s i o n   w i t h   R e a s o n s

In order to prove the case, the complainant prayed for treating the complaint as his evidence-on-affidavit which was allowed and he also filed Xerox copy of purchase reports and copy of one Advocate letter. As the complaint has been treated as evidence-on-affidavit, the fact of the case depicted in the complaint is the same fact of incident in the evidence also but in this type of case the documents will speak the truth. The Xerox copy of the receipt dated 02.07.2020 issued by M/s IT World Lappy Care shows that the laptop-in-question was purchased for the price of Rs.13,500/- and the said receipt disclose the terms and conditions that no warranty claim will be entertained on physically broken/ damage/ burnt/ tampered materials/ replacement and product(s) sold under warranty will be done only after getting replacement from our principals. Warranty of C.P.U., Monitor, Printer, UPS etc. will be covered by principals of or by their authorized service center. Obsolete range will be replaced with new capacity against difference amount as there is no warranty in respect of battery etc. Apart from it, the complainant did not produce any papers to show that the laptop-in-question was placed in the service center to detect as to whether there was any defect or not. It is quite natural that in second hand goods there was no such warranty is available and the complainant at his own risk purchased the second hand laptop.

Under the above facts and circumstances, we are of opinion that the complainant has failed to prove the case for the purpose of attracting the provisions of the Consumer Protection Act, 2019 and the case fails.

Hence, it is

O R D E R E D

that this case be and the same is dismissed ex parte but without any cost.

 Let a copy of this order be supplied to the parties on free of cost.

Dictated & Corrected by me:

                                                                                                                    President

                                                                                                                   D.C.D.R.C., Purba Bardhaman

            President

   D.C.D.R.C., Purba Bardhaman

                                                       Member                                                     Member

                               D.C.D.R.C., Purba Bardhaman                                D.C.D.R.C., Purba Bardhaman