DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. No. 295/2019

QUORUM:

Order By: Ms. Rashmi Bansal (Member)

JUDGMENT

By the present judgement, the commission is disposing of the complaint of the complainant against OP alleging deficiency in selling him a defective laptop against consideration and then in not repairing it.

1. It is the case of the complainant that he has purchased a ACER laptop of OP3 make from OP1 for consideration of Rs.22,900/- against invoice dated 28.05.2019, having one year warranty for the  study purpose of his son and on 10.08.2019, complainant found that there was no display on the laptop and he raised a complaint with OP2 and OP1. An Engineer from the office of OPs came and reported that display need to be repaired but the same was not satisfactorily repaired. Again, a complaint dated 27.08.2019 was made but the problem was not resolved.  Third complaint dated 28.08.2019 was also made but no action was ever taken. Complainant submits that OP1 and OP2 have failed to provide satisfactory resolution to the problem of the complainant because of which the course and the work of his son was hampered and they have suffered extreme mental tension due to the defective laptop and which amounts to deficiency of service on the part of OPs and he had suffered financial loss as well as mental harassment, agony and tension. He has accordingly filed the complaint with the prayer for refund of price of laptop along with compensation and litigation cost. 
2. Upon notice, OP1 and OP2 failed to appear and as such were proceeded ex parte on 18.01.2023.
3. OP3 has filed its reply submitting that complainant did not issue any legal notice to OP3 and in the absence of which, OP3 was not in position to give an opportunity to verify the factual position of the present matter and as such could not offer the complainant an option for amicable settlement of the present dispute at the pre-litigation stage itself. However, OP3 is still willing to settle the dispute by replacing the laptop so as to bring the present dispute to amicable end and has offered as a goodwill gesture to replace the existing laptop with a new Laptop of equivalent configuration towards full and final settlement of the Dispute. On merit, it is submitted that the first complaint was lodged by the complainant on 10.08.2019 and was duly attended to by OP2 and motherboard of the product was duly replaced and the laptop was returned to the complainant on 27.08.2019 in working condition. OP3 also admitted that the second complaint was lodged on 28.08.2019 and the complainant was offered a brand-new product along with warranty to the complainant as full and final settlement.
4. Complainant has filed rejoinder submitting that he had purchased the laptop for the training purpose of his son for which complainant has paid a total amount of Rs.44,560/- which includes the cost of the laptop of Rs.23,500/- and the fee paid by him for study/course of his son but due to deficiency of service on the part of OP3, his son was forced to drop the training and suffered a lot. It is also submitted that complainant is a daily wage worker and suffering from strong financial difficulties during which he has paid the huge amount of Rs.44,560/- and which amount was very big for him and he has prayed for refund of the amount of the laptop along with compensation for his sufferings.
5. Both the parties have filed their evidence.
6. In support of his case, the complainant has filed tax invoice dated 28.05.2019, customer call report dated 12.08.20 19, copy of customer call report dated 27.08.2019 along with the fee receipts paid by him towards his son course.
7. The commission has heard both the parties and perused the documents on record.
8. Since, OP1 and OP2 failed to file their reply, therefore, the allegations against them remained uncontroverted and deemed to be accepted by them. The purchase of the laptop, its defect, the lodging of complaint, attending the complaint, change of mother board of the laptop within three months and offer a new product all are admitted facts and are not in dispute.
9. As per admitted case of OP3, the purchase of the laptop for a consideration of Rs.22,900/- and the complaints w.r.t. said laptop received by the OP3 are not in dispute. As per admitted case of the OP3, the motherboard was replaced on receiving the complaint of the complainant on 10.08.2019. OP3 itself has admitted that the motherboard is very strong and the most important component of a laptop/computer and heart of the computer and submits that instead of a identify micro component of the defect in the product, the whole motherboard was replaced on 27.08.2019. In view of the admitted case of the OP3, the laptop suffered defect within 2–3 months of its purchase so much so that the motherboard was required to be replaced which fact itself establishes that the laptop was suffering from some manufacturing defect at the time of its sale to the complainant. Though OP1 Seller has been proceeded ex parte yet they may not be exonerated from their liability to provide a defect free product to the complainant.
10. Considering the submission of the complainant that he is no more willing to accept the replaced laptop as he is no more in need of the same therefore, OP3 is directed to refund entire amount of the purchase of Rs.22,900/- to the complainant along with interest at the rate of 12% per annum from the date of first complaint i.e. 10. 08.2019, a compensation of Rs.10,000/- and Rs.7500/- towards the litigation cost. The amount paid by complainant towards course fee of his son cannot be granted as the same has no relation with the service of OPs and even otherwise is too remote to be granted. The above stated amount be paid to the complainant within 30 days from the date of order, failing which OP shall be liable to pay an interest at the rate of 15%, per annum from the date of first complaint, 10.08.2019 on the entire amount i.e Rs.40,400/- till date of actual realisation by the complainant.

The copy of the order be given to the parties as per rule of CPA.

The file be consigned to record room.

Announced on 04.03.2024.