Kerala

Idukki

CC/97/2020

P S Unni - Complainant(s)

Versus

Oxigen Digital shop - Opp.Party(s)

30 Mar 2023

ORDER

DATE OF FILING :18/08/2020

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, IDUKKI

Dated this the 30^th day of March 2023

Present :

              SRI.C.SURESHKUMAR                                               PRESIDENT

              SMT.ASAMOL P.                                                          MEMBER

              SRI.AMPADY K.S.                                                        MEMBER

CC NO.97/2020

Between

Complainant                                :   P.S.Unni (Sidhan),

                                                         Kailasam, Vellayamkudy P.O.,

                                                         Kattappana, Idukki District..

                                                         (By Adv.P.R.Muraleedharan)

                                                           And

Opposite Party                      : 1 . The Manager,

                                                      Oxygen Digital Shop,

                                                       S SQUARED TECHNOLOGIES), 67 B,

                                                       Chamatharayil Building, Idukki Kavala,

                                                        Kattappana-  685 508.

                                                        (By Adv.Saji Augustine)

                                                   2 . The Managing Director,

                                                        Acer India Ltd., Magrath Road,

                                                         Bangalore – 560 025.

                                                             

O R D E R

SMT.ASAMOL P., MEMBER

 

Complainant filed this complaint under S.35 of Consumer Protection Act, 2019.  Brief facts of this complaint are discussed hereunder:-

 

1 . On 13/06/2020, complainant has purchased a computer device from 1^st opposite party for his children’s study purpose.  During the period of lockdown due to Covid 19, all  studies were transferred to online mode.  Hence he had purchased an Acer Brand Computer which is manufactured by 2^nd opposite party.  Along with this device, all accessories were purchased and for all that, he has paid totally Rs.35,600/- in 3 bills.

                                                                                                 (Cont.....2)

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2 . Opposite parties had promised 3 year warranty for this device.  But, when it was started to use, various complaints arose in this device.  Then, complainant has contacted opposite parties and informed it.  They have come and  repaired it at that time.

3 . But, within 2 months from the date of purchase, this device was  malfunctioned for 10 times.  When complainant informed opposite parties, they had come and repaired it every time.  Thereafter, opposite parties have  took away this device and returned it after 3 days.  At that time, they have said that the parts are changed and no problem would arise yet.

4 . Thereafter, within some days, this device was again defective.  Hence, online studies of complainant’s children were interrupted.  So, complainant has demanded opposite party that this computer be taken back and refund its price.  At that time, they have agreed it by e-mail communication.

5 . But, when complainant approached them for refund amount, they replied that Rs.27,000/- would be only given, because tax will be charged and accessories will not be take back.  Thus, opposite parties didn’t either take back this device or refund the price.  Thereafter, complainant made a complaint to DySP, Kattappana.  This was not decided there.

6 . Complainant averred that even though he has some financial difficulties, during the period of Covid Pandemic circumstances, his children need this device for their online study, therefore he was availed a loan from bank to purchase it.  Unfortunately, this device was malfunctioning when it started to use.  But opposite parties didn’t take back this device and refund the price.  This is unfair trade practice and deficiency in service on their part.  Hence he has prayed the following reliefs.

 

                                                                                                 (Cont.....3)

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(a )    Opposite parties may be directed to refund the price of computer.

(b) Opposite parties may be directed to pay Rs.30,000/- as  compensation and Rs.5000/- as litigation cost.

(c)   Opposite parties may be directed to provide a temporary device for online study  of complainant’s children.

Upon notice from this Commission, opposite parties have entered appearance.  No written version filed by 1^st opposite party.  2^nd opposite party has filed written version.  Their contentions are briefly discussed hereunder.

1 . 2^nd opposite party is engaged in the manufacture/import of desktop computer systems, servers, laptops, notebooks, monitors, projectors, tablet PCs and supporting IT peripherals and trading thereof and provision of ancillary services connected therewith.

2 . Complainant had purchased an Acer Veriton Model Desktop Computer bearing serial number UXB6DSI108J4656070 from 1^st opposite party.

3 . 1^st opposite party was authorised by 2^nd opposite party as it’s Tier 3 partner for selling 2^nd opposite party’s products at Kattappana, Idukki District.

4 . Complainant had instituted the present Consumer Complaint against the opposite parties before this Commission.  In addition to such consumer complaint, an application seeking an interim relief was also filed by the complainant.

 

                                                                                             (Cont.....4)

 

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5 . This Commission had passed an interim order vide IA No.41/2020 in CC NO.97/2020, on 18^th August 2020.  In the said order, the Commission directed the opposite parties to provide a computer with fully efficient condition and install it temporarily within fifteen (15) days of receipt of such order.

6 . That in compliance of the aforesaid order, 2^nd opposite party had provided an Acer Z1-471 Model Laptop Computer bearing Serial No. UN639SI135J5037391 as a temporary standby unit on 15^th September 2020.

7 . 2^nd opposite party humbly submits that in the present Consumer Complaint, the complainant did not issue a Legal Notice to this answering 2^nd opposite party,  and in the absence of such notice being served, 2^nd opposite party was not afforded the opportunity to verify the factual position in the present matter, and  as such, it could not offer to the complainant an option to amicably settle the present dispute at the pre-litigative stage itself.  Notwithstanding the above being stated, this answering respondent it willing to settle the dispute so as to bring an amicable settlement to the present matter, pending for adjudication before this Commission.

8 . That for bringing an expeditious and amicable end to litigation at this stage and subject to the approval of the Commission, the answering 2^nd opposite party agrees to repair or rectify the malfunctioned components of the desktop computer that was initially purchased by the complainant, on free of charges basis, as a gesture of goodwill, and towards full and final settlement of the above referenced Consumer Complaint so that the dispute between the complainant and 2^nd opposite party could be brought to an amicable end.

9 . That the complainant may please be directed to return the temporary standby laptop computer ie, Acer Z1-471 model laptop computer bearing serial  No. UN639SI135J5037391,  arranged  by  2^nd  opposite  party  in

                                                                                             (Cont.....5)

 

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furtherance to the order of this Commission, as it was provided by 2^nd opposite party on temporary basis and for short duration such that complainant’s children could continue to attend online classes conducted by their schools without any disruption.

10 . Complainant has filed proof affidavit.  He was examined a PW1.  Exts. P1series 3 in numbers to P5 were marked on the part of evidence of complainant.  No oral evidence adduced by both opposite parties.  Ext.R1 was marked on the part of 2^nd opposite party.  Thereafter, heard the counsels for both parties.  Hence, it was taken for orders.  Now the points which arise for consideration are:-

(a ) Whether there is any unfair trade practice or deficiency in service on the part of opposite parties?

(b )  If so, what reliefs the complainant is entitled to ?

Points are considered together

We have perused the proof affidavit and marked documents.  It is seen that complainant has purchased an Acer Brand Computer along with it’s accessories from 1^st opposite party on 13/06/2020.  As per Ext.P1 series, it is proved that complainant has paid Rs.35,600/- for purchasing this computer and it’s accessories.  Complainant alleges that this computer was in faulty condition since the date of purchase and it was repaired by opposite party on every time.  Thereafter, complainant’s daughter has sent e-mail message to 1^st opposite party for returning this faulty device and refunding of it’s money on 08/08/2020.  The printout of this  e-mail message was marked as Ext.P3.  As per Ext.P4, it is seen that, 1^st opposite party has replied by e-mail also that they apologies for the  faulty  PC  and  they  are  proceeded  for  the  refund  

                                                                                             (Cont.....6)

 

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as soon as possible. Thereafter, this opposite party, has not acted upon these assurance, even though they understood that this device was in faulty condition, they were not ready to take back it and to refund the amount to complainant.  But, as per interim direction from this Commission, 2^nd opposite party had provided an Acer Z1-471 Model as temporarily.  This was admitted by complainant on his cross-examination.  2^nd opposite party states that they are ready to repair or rectify the malfunctioned computer with free of cost and to arrive full and final settlement.  But complainant was not ready to accept it now, because he has deposed in his examination that now it is not needed because it has been 2 years from purchasing and the amounts which he had paid for all accessories is to be refunded.  On these circumstances, it can be understood that this computer was in faulty condition, hence it was unusable for online education of complainant’s children.  The sale of faulty or malfunctioned product is unfair trade practice and non-replacement of this faulty product is deficiency in service on the part of opposite parties.  We are of the view that complainant is entitled to get  refund of  Rs.35,600/- which he had paid for purchasing this device from opposite parties.

In the result, complaint is partly allowed as hereunder:-

1 . Opposite parties are directed to refund Rs.35,600/- to complainant with interest @ 12% from 13/06/2020 till payment /realization.

2 . Opposite parties are also directed to pay Rs.5,000/- as compensation and Rs.2,000/- as litigation cost to complainant within 45 days from the date

 

                                                                                             (Cont.....7)

 

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of receipt of order, the amount except litigation cost shall carry interest @ 12% per annum from the date of order till its realization.

Also, complainant shall return the device which opposite parties had provided as temporary measure within the same period by delivering it to 2^nd opposite party along with any devices, accessories provided for use, after due intimation regarding its return in advance to 1^st and 2^nd opposite parties.  Normal wear and tear are to be accepted as such.

Extra copies to be taken back by parties without delay.

 Pronounced by this Commission on this the 30^th  day of March, 2023.   

                                                                                         Sd/-

                                                                                SMT.ASAMOL P., MEMBER                                                                                                             

                                                                                                  Sd/-                                                                    

                                                                         SRI.C.SURESHKUMAR, PRESIDENT  

                                                                                                  Sd/-

                                                                              SRI.AMPADY K.S., MEMBER

APPENDIX

Depositions :

On the side of the Complainant :

PW1- P.S.Unni (Sidhan)

On the side of the Opposite Party :

Nil

Exhibits :

On the side of the Complainant :

Ext.P1series (3 in Nos.)  - Invoice dated 13/06/2020

Ext.P2  - Warranty Paper and terms and conditions.

Ext.P3  -  E-mail message from complainant- Returning and refunding of my faulty

                PC dated 08/08/2020.

Ext.P4 – E-mail message from Oxygen, Kattappana  to complainant dated 08/08/2020.

Ext.P5 – Service Report dated 15/09/2020.

On the side of the Opposite Party :

Ext.R1 – Copy of service report dated 15/09/2020.

                                                                                               Forwarded by Order  

 

                                                                                          ASSISTANT REGISTRAR