DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD
Dated this the 24th day of May 2011
Present : Smt.Seena, H. President
: Smt. Preetha.G. Nair, Member
: Smt.Bhanumathi.A.K. Member Date of filing: 05/08/2010
(C.C.No.98/2010)
Ammini.K
W/o.Balumanikantan,
Quarters No.4, E.S.I.Hospital,
Vadakanthara (PO),
Palakkad Taluk, - Complainant
(By Adv.M.R.Manikantan)
V/s
1. M/s.Lenovo Channel Technologies
A-74, Sector – 2
Noida - 201301
Rep.by Manager
2. M/s.Sans Infocare Pvt.Ltd.
No.9/346, Manali Road
Near J.M.Mahal
Kalmandapam (PO)
Palakkad District
Rep.by Manager
(By Adv.R.Ratheeshkumar) - Opposite parties
O R D E R
By Smt.PREETHA G NAIR, MEMBER
The complainant had purchased a computer “Lenova Idea Centre K Series, Model No.53131BQ” from the authorized dealer 2nd opposite party on 29/10/08 for a sum of Rs.34,000/- The 1st opposite party is the manufacturer. The complainant had purchased the computer by looking into the offer made by the opposite parties in the month of October 2008, on the occasion of Diwali Festival. The opposite parties offered that the computer purchasers would be given 2 out of 9 free gifts coming under the categories of 'style' 'Entertainment' and 'peace of mind'. The complainant attracted the offer and believing the same had purchased the above mentioned computer system for her child. The complainant stated that at the time of purchase of the computer she had choose 2 gifts one from the entertainment category i.e. “canon color Inject Printer BJ Photocopier IP 300” and another from the “Peace of mind category. i.e. PowerCon UPS” After choosing the gifts the complainant had intimated to the opposite parties through online registration as required. The opposite parties had given the registration No.RED32 7525656, 27,276 to the complainant after confirmed of the registration. After 3 months, the complainant had not received the offer from the opposite parties. Then the complainant had visited the showroom of the 2nd opposite party several times and enquired about the gifts offered. The 2nd opposite party stated that the gifts had not sent by the 1st opposite party. Thereafter the complainant sent a registered lawyer notice on 10/6/2010 to the opposite parties. The opposite parties not given the gifts to the complainant. The act of the opposite parties amounts to deficiency in service which caused mental agony and hardships to the complainant. Hence, the complainant prays for an order directing the opposite parties to
Pay Rs.15,000/- on account of compensation for mental agony, deficiency in service, unfair trade practice and loss of time and energy
Give the gifts offered by the opposite parties or its value thereof within a time frame
Pay the entire costs
Opposite party 1 not present before the Forum. Hence set exparte. Opposite party 2 filed version stating the following contentions. The 2nd opposite party stated that they are only the authorised dealer of the Lenova Lap Top computers. One Mr.Balu Manikantan purchased a lap top stated in the complaint in the name of Ammini. Thereafter he approached the 2nd opposite party and demanded a gift for the lap top. The 2nd opposite party has never made any offers of gift at the time of purchase. The manufacturer supplies the gift and other customer services directly to the customers through their separate channels. The 2nd opposite party stated that they expressed their inability to him. Then Mr.Balu Manikantan behaved in an indecent manner towards the lady staff of 2nd opposite party. After purchasing the instrument customers have to fulfill all the norms and conditions of the manufacturer within the stipulated period then only the customers will get the gift offer. The 2nd opposite party has no information about the gifts offers mentioned in the complaint. Hence the manufacturer is not made a party to the complaint. The complainant has not approached the 2nd opposite party either for purchasing the lap top or for any other purpose at any point of time. There is no deficiency in service on the part of 2nd opposite party. Hence, the 2nd opposite party prayed that dismiss the complaint.
Complainant filed chief affidavit and documents. Ext.A1 to A3 marked on the side of the complainant. 2nd opposite party not filed chief affidavit and documents.
Issues to be considered are
Whether there is any deficiency in service on the part of opposite parties ?
If so, what is the relief and cost entitled to the complainant ?
Issue I & II
We perused relevant documents on record. In Ext.A1 the complainant had purchased a computer from 2nd opposite party for an amount of Rs.34,000/- In Ext.A1 dated 29/10/2008, the opposite party issued the receipt in the name of the complainant.
The 2nd opposite party stated that the usual procedure of the manufacturer is sending the offer of gift directly to the customers through their channels and they have no roll in this matter. In the brochure terms and conditions
The online Diwali Double Deal offer is open to Indian Citizens over the age of 18 years and residing in India from 1st October to 31st October 2008.
In Ext.A1 the complainant has purchased the computer on 29/10/2008 she had eligible to get the Diwali Offer. The complainant stated that she had choose 2 gifts one from the Entertainment Category and another from the Peace of mind. Thereafter she intimated to the opposite parties through online registration and in confirmation of the registration the opposite parties given her the registration No.RED327525656,27,276. No contradictory evidence was produced by the opposite parties. In Ext.A3 the complainant sent lawyer notice to opposite parties. The complainant stated that the opposite parties not sent reply. At the time of purchase of computer gifts are offered by the company and dealer. But after the purchase of computer the dealer and the company not given the gifts. In the present stage most of the consumers purchased the goods on the basis of gifts or offers.
During the end of cross examination of complainant, she was emotionally upset and alighted from witness box. The complainant is working in ESI Hospital. Thereafter the complainant or the counsel not represented before the Forum. The complainant has not completed her evidence.
On going through the available documents and affidavit of complainant, the computer was purchased from the 2nd opposite party and Diwali offer was not given by the opposite parties. No evidence was produced by the opposite parties to show the complainant has not eligible to get the Diwali Offer.
In the above discussions, we are of the view that there is deficiency in service on the part of opposite parties. Hence the complaint partly allowed.
We direct opposite parties jointly and severally liable to give the gifts offered to the complainant within one month from the date of receipt of order. If the opposite parties are not giving the gifts offered within one month from the date of receipt of the order, complainant is entitled for an amount of Rs.5,000/- (Rupees Five thousand only) from the opposite parties.
Pronounced in the open court on this the 24th day of May 2011.
Sd/-
Seena.H
President
Sd/-
Preetha G Nair
Member
Sd/-
Bhanumathi.A.K.
Member
APPENDIX
Exhibits marked on the side of the complainant
Ext.A1 – Receipt No.166 dt.29/10/08 issued by SANS Infocare P.Ltd. Palakkad
Ext.A2 – Warranty Information
Ext.A3 series – Lawyer notice issued to Opposite parties dated 9/6/2010
alongwith postal receipts.
Exhibits marked on the side of the opposite parties
Nil
Complainant cross examined
PW1 – Ammini K
