Date of Complaint Filed :14.06.2017

                                                      Date of Reservation      :13.06.2022

                                                      Date of Order               :30.06.2022

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

PRESENT:  TMT. B. JIJAA, M.L.,                                          : PRESIDENT

                      THIRU. T.R. SIVAKUMHAR, B.A., B.L.,         :  MEMBER  I 

                      THIRU. S. NANDAGOPALAN., B.Sc., MBA.,  : MEMBER II

CONSUMER COMPLAINT No.231/2017

THURSDAY, THE 30^th DAY OF JUNE 2022

Thiru. A. Kanagasabai,

(S/o. P. Aanandha Krishnan),

No.830, Marumalarchi Nagar,

Thamaraipakkam Post,

Thiruvallur District,

Thiruvallur – 601 103.                                                                                                                                                     ... Complainant                   

..Vs..

1.The Proprietor,

   Thiru. B.K.S System & Solutions,

   No.32, Greams Road, Thousand Lights,

   Chennai – 600 006.

2.Thiru. Lenovo Programme Manager,

   Kestone I.M.S.P.Ltd.,

   Lenova P.T.C Officer,

   No.12/1,Palace Cross Road,

   Bangalore 560 020.                                                                                                                                                    ...  Opposite Parties

******

Complainant                                         : A. Kanagasabai, Party in Person

Counsel for the 1^st Opposite Party       : M/. R. Kannan

Counsel for the 2^nd Opposite Party       : Exparte

        On perusal of records and after having heard the oral arguments of the Complainant in person and Counsel for the 1^st Opposite Party, we delivered the following:

ORDER

Pronounced by the Member-I, Thiru., T.R.Sivakumhar., B.A., B.L.,

1.      The Complainant has filed this complaint as against the Opposite Party under section 12 of the Consumer Protection Act, 1986 and prays to

Issue a gift of special offer of ITB Lenovo Hard Disk and to pay a sum of Rs.50,000/- as monetary loss and Rs.2,00,000/- as mental agony and sufferings and to pay a Rs.50,000/- towards stress caused to the Complainant and Rs.3,00,000/- towards compensation.

2.     The averments of Complaint in brief are as follows:-

The Complainant was interested in purchasing Lenovo Laptop and had approached and enquired the 1^st Opposite Party, the 1^st Opposite Party had informed that a Special gift of 1 TB Lenovo External Hard Disk was offered on purchase of Lenovo laptop and the same would be sent by the 2^nd opposite party within three months through speed post to the Complainant, on believing the words of the 1^st Opposite party he had purchased Lenovo Laptop (G50-80 80E501LRIN) from the 1^st Opposite Party by paying a sum of Rs.49,196/- by way of Demand Draft bearing No.031823 dated 12.08.2015 drawn on UCO Bank, Velliyur Branch, favouring the 1^st Opposite Party. On information sent to the 2^nd Opposite Party, the 2^nd Opposite party requested to sent the copy of invoice, accordingly the scanned copy of the invoice with pack serial number was sent through mail dated 14.08.2015 to the 2^nd opposite party. On 22.08.2015 the 2^nd Opposite Party had sent a mail to him informing to avail gift by making payment of Rs.1998/- within 2 days, accepting the same he had paid a sum of Rs.1998/- by way of Demand Draft bearing No.031874 dated 27.08.2015 drawn on UCO Bank, Velliyur Branch, favouring the 2^ndOpposite Party. On 09.09.2015 the 2^nd Opposite Party through mail acknowledged the receipt of the said amount. On 30.09.2015  the  2^nd  Opposite  Party  sent  another  mail  offering 2 years

extended warranty which covers the components installed in his covered product at the time of purchase, including the internal components. During December, 2015, he had contacted the 1^st Opposite Party several times over phone and in person, and asked for the offered gift, for which the 1^st Opposite Party had given evasive reply. Hence he had sent a Email dated 24.02.2016 to the 2^nd Opposite party and informed about the non-receipt of the offered gift, even the 1^st Opposite Party Mr.Saravanan on 25.05.2016 had sent a Email to the 2^nd Opposite Party about the non-receipt of the special offer of 1 TB Lenovo Hard Disk till date. He had received a SMS from the 1^st Opposite Party containing the details of despatch of the special offer on 21.01.2015 itself through DTDC Courier vide AWB B25764865 and the same was received by him on 30.10.2015 and on seeing the same he was very shocked and had sustained mental agony as he had not received the said special offer. Hence the Complaint.

3.Brief facts of the Written Version of the 1^st Opposite Party are as follows:

The 1^st Opposite Party is engaged in the business of selling computer, Laptop and servicing old computer and laptops. On 12.08.2015 the Complainant had purchased a Lenovo laptop from the 1^st Opposite Party, payment for which was made and an invoice was issued to him, as found in Document No.1 and 2 filed by the Complainant. Further in Document No.2, the Invoice No.BKS 15161157 issued for sale of Lenovo Laptop (G50-80 80E501LRIN) and Laptop Bag alone and in the said invoice no free offer or Gift Offer or its particulars were provided. Hence there was no contract or declaration between the Complainant and the 1^st

Opposite Party in respect of the Free offer, hence the same will not bind the 1^st Opposite Party. Further the Document Nos. 3 to 11 filed by the Complainant, were the communications taken place between the Complainant and the 2^nd Opposite Party and the 1^st Opposite Party had not involved in the same. Further the Complainant being the customer and in order to help him, the 1^st Opposite Party had sent a email to the 2^nd Opposite Party questioning about the free gift and had forwarded the reply received form the 2^nd Opposite Party by way SMS to the Complainant, wherein it was found that they had sent the free offer through DHL Courier (Courier No.B25764865) and the same was received by the Complainant on 31.10.2015 itself. Hence the present complaint has to be resolved between the Complainant, 2^nd Opposite Party and DHL Courier and the 1^st Opposite Party was a unnecessary Party to the proceedings, as the duty of the 1^st Opposite Party is only to sell the Laptop. It is direct duty of the manufacturer to deal with free offer, services and warranty problems and in this regard there was no responsibility of the 1^st Opposite Party being a Seller. For the said free gift the Complainant had paid a sum of Rs.1998/- on 27.08.2015 by way of Demand Draft to the 2^nd Opposite party and the same was acknowledged by Email dated 09.09.2015 by the 2^nd Opposite Party, hence the relief sought in the complaint would legally bind the 2^nd Opposite Party alone. Hence prayed for considering the 1^st Opposite Party as an unnecessary Party to the proceedings and to dismiss the Complaint with exemplary costs.

4.  The Complainant had filed his Proof affidavit and written arguments

and on the side of the Complainant, documents Exs.A-1 to Exs.A-11 were marked. The 1^st Opposite had filed their Proof Affidavit and Written Arguments and no document was marked on the side of the 1^st Opposite Party. The 2^nd Opposite Party on sufficient service was set ex-parte. 

5.Points for consideration:-

1.Whether the Opposite Parties committed unfair of trade practice and deficiency of service?

2. Whether the Complainant is entitled for reliefs claimed in the Complaint and for any other relief/s?

Point No.1 :-

On careful perusal of the documents filed by the Complainant, it is found that the Complainant had paid a sum of Rs.49,196/- to the 1^st Opposite Party by way of Demand Draft as found in Ex.A-1, but on receipt of the said sum the 1^st Opposite party had raised invoice for a total sum of Rs.47,000/- being a sum of Rs.44,761.90p for Lenovo Laptop bearing model no.G50-80 80E501LRIN and for a sum of Rs.2,238.10/- towards Value added tax, as against the sum of Rs.49,196/- from the Complainant.

From Ex.A-4 the mail dated 22.08.2015 sent by the 2^nd Opposite Party, wherein demanded a sum of Rs.1,998/- to be paid within 2 days to avail the offer of said special gift, would clearly show that the 1^st Opposite Party would have promised the Complainant to provide the offer of Special gift of 1 TB Lenovo External Hard Disk, knowing fully well that the said  Special  gift  would  be  provided  only  on payment of Rs.1,998/- on

payment to the 2^nd Opposite Party and had collected an additional sum of Rs.2,196/- and a sum of Rs.1,998/- was not remitted to the 2^nd Opposite Party, by the 1^st Opposite party.

The contention of the 1^st Opposite Party that they have not mentioned any such offer in the invoice (Ex.A-2) and further the Complainant had approached for the said offer with the 2^nd Opposite party and had paid a sum of Rs.1,998/- to the 2^nd Opposite Party, as per Ex.A-5, which was also acknowledged by the 2^nd Opposite Party as found in Ex.A-7 and the 1^st Opposite party too had sent an Email dated 25.05.2016 to the 2nd Opposite Party to know about the details of the said offer been not provided to the Complainant, as per Ex.A-10 and on receipt of the message from the 2^nd Opposite party that the said offer has been delivered through DHL Courier and received by the Complainant on 30.10.2015 itself, had forwarded the said message through SMS to the Complainant, as found in Ex.A-11 and hence the 1^st Opposite Party is in no way connected to the communications taken place between the Complainant and the 2^nd Opposite Party and there is no contract between them and the Complainant in respect of Special gift offer and they are not liable for the same and no relief could be sought against them, as it is between the Complainant, the 2^nd Opposite party and DHL Courier and they are an unnecessary party to the complaint and the Complaint to be dismissed with exemplary costs, are not sustainable, as the same are not found to be bonafide.

Further contention of the 1^st Opposite party that the special gift offer was delivered and received by the Complainant on 31.10.2015 itself,

hence it is between the Complainant, the 2^nd Opposite party and the DHL Courier, but as per Ex.A-11 being the SMS sent by the 1^st Opposite Party to the Complainant, the address of the Complainant was found to be wrong as the address was mentioned as No.830, Maraimalar Nagar, Thamaraipakkam Post, instead of No.830, Marumalarchi Nagar, Thamaraipakkam Post, which address is found in the present Complaint, which would show that the Special Offer though would have been sent by the 2^nd Opposite party would not have delivered to the Complainant and as denied by the Complainant that he had not received the said offer and shocked on seeing the SMS sent by the 1^st Opposite Party and had sustained mental agony, is purely only after payment of Rs.1,998/- directly to the 2^nd Opposite party, the Special gift offer was sent and it is between the Complainant, the 2^nd Opposite party and the DHL Courier, though it could be acceptable, but the initial promise of Special gift of 1 TB Lenovo External Hard Disk made on collecting an extra payment by the 1^st Opposite Party as found in Ex.A-2 as against the payment made under Ex.A-1, would clearly show that the 1^st Opposite party had failed to honour their commitments made to the Complainant.

This Commission holds that the 1^st Opposite party had committed unfair trade practice by inducing the Complainant to purchase the said Laptop from them by offering a special gift offer as well as had committed deficiency of service by not providing the said offer to the Complainant and further holds that as per Ex.A-2, being the Invoice dated 12.08.2015 of the 1^st Opposite Party, it is not found that they are the authorised  dealer  of  the  2^nd  Opposite  party,  as  admitted   by  the  1^st Opposite

Party in their version that they are the Seller of Computers and Laptops in general and they had not claimed that they are the authorised dealer to sell the Laptops of the 2^nd Opposite party, the 1^st Opposite Party had adopted unfair trade practice and committed deficiency of service to the Complainant, and the 2^nd Opposite Party is in no way liable and responsible for the commitment given by the 1^st Opposite Party to the Complainant.

Hence, this Commission is of the considered view that the 1^st Opposite Party alone had committed Unfair trade practice as well as deficiency of service to the complainant.

Point Nos. 2 & 3:-

        As discussed and decided, point No.1 as against the 1^st Opposite Party, the 1^st Opposite Party is liable to issue the agreed special gift of ITB Lenovo Hard Disk or to refund a sum of Rs.2,916/- collected in excess to the cost of Lenova Laptop, together with interest at the rate of 6% per annum from 12.08.2015 till date and to pay a sum of Rs.10,000/- towards mental agony, to the Complainant. The Complainant had not produced any valid documents to prove his loss of income and monetary loss sustained by him, hence the Complainant is not entitled for any other relief/s.

In the result this complaint is allowed in part. The 1^st Opposite Party is directed to issue the agreed special gift of ITB Lenovo Hard Disk or in the alternative to refund a sum of Rs.2,916/-(Rupees Two Thousand Nine Hundred and Sixteen Only) collected in excess to the cost of Lenovo Laptop, together with interest at the rate of 6% per annum from 12.08.2015 till date and to pay a sum of Rs.10,000/- (Rupees Ten Thousand Only) towards mental agony, to the Complainant, within 8 weeks from the date of this order, failing compliance, the Complainant shall recover the above said amounts with interest at the rate of 6% per annum from the date of this order till the date of realisation

In the result the complaint is allowed in part.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on  30^th of June 2022.  

S. NANDAGOPALAN                                                         T.R. SIVAKUMHAR                                                        B.JIJAA

         MEMBER II                                                                        MEMBER I                                                           PRESIDENT

List of documents filed on the side of the Complainant:-

List of documents filed on the side of the 1^st Opposite Party:-

NIL

S. NANDAGOPALAN                                                      T.R. SIVAKUMHAR                                                           B.JIJAA

         MEMBER II                                                                     MEMBER I                                                               PRESIDENT