Kerala

Thiruvananthapuram

CC/214/2020

Paramesh M P - Complainant(s)

Versus

Poroprietor,Wilfred - Opp.Party(s)

20 Apr 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD : THIRUVANANTHAPURAM

 

PRESENT

          SRI.P.V.JAYARAJAN            : PRESIDENT

      SMT.PREETHA G NAIR      : MEMBER

                                               SRI.VIJU.V.R                         : MEMBER

 

CC 214/2020 (Filed on  : 27.10.2020)

ORDER DATED  : 20.04.2022

COMPLAINANT

            Paramesh.M.P

            Radhanivas, Thaliyal, Karamana,

            Thiruvananthapuram – 695002

 

            (Party in person)

VS

OPPOSITE PARTIES

            1. Wilfred, (Proprietor)

            Dreams Mobiles, Kairali Plaza,

            Karamana, Thiruvananthapuram – 695002

 

2. The Managing Director,

            Lenovo India Pvt Ltd,

            RBD Icon, Level 2, Doddenakundi village,

            Marathhalli Outer Ring Road,

            Marathhallil, KR Puram Hobli, Bangalore - 560037

           

            (Ops 1 & 2 exparte)

ORDER

SRI. VIJU . V.R.  : MEMBER

The complainant has presented this complaint before this Commission  under section 12 of the Consumer Protection Act 1986, alleging that he had given his tablet to OP1 on 29/4/20 for servicing & repair. The staff of OP1 has told the complainant that they are the authorised service centre of Lenovo India. But OP1 has not repaired the tablet & refused to give back the tablet whenever the complainant asked for the tablet. Finally it was assured by OP1 that the repaired tablet will be returned to complainant on 8/10/20. But on that day also the tablet was not repaired by them. The complainant annoyed by the act of OP1 asked them to return the tablet. They gave back the tablet but it was not returned in the same condition as it was given to them 5 months ago. The act of opposite parties 1& 2 amounts to unfair trade practice and deficiency in service, hence this complaint.

Eventhough the opposite parties 1 &2 received notice, the opposite parties 1&2 did not appeared before this Commission and hence they were set exparte.

Issues to be ascertained:

1. Whether there is unfair trade practice or deficiency in service from the side of opposite parties 1 &2?
2. Whether the complainant is entitled to get the reliefs?

Issues (i) and (ii)

The complainant had filed affidavit in-lieu of chief examination and has produced 5 documents which were marked as Ext. P1 to P5. It can be seen from Ext P1 that the complaiannt has entrusted the tablet to OP1 for repairing. As per Ext P2 it can be seen that the complainant has e-mailed his grievance to Lenovo India customer support. So it is clear that the grievance of the complainant was not resolved by Ops 1 &2. The opposite parties 1 &2 did not turn up.  Hence the deposition of the complainant stands unshaken and there is nothing to rebut the evidence putforth by the complainant.  The 1^st opposite party being the authorised service centre of Lenovo Company is bound to service the tablet. But they haven’t done that. From the documents produced by the complainant, we find that the complainant has succeeded in proving his case & there is deficiency in service from the side of 1^st opposite party. Since 1^st OP being the authorised service centre of OP2, OP2 is also vicariously liable for the act done by OP1. Hence the opposite parties 1 and 2 are jointly and severally liable to compensate the complainant. The complainant has not produced any document to prove whether the tablet is a new one or its price, hence first prayer in the complaint is discarded.

                        In the result, the complaint is partly allowed. The opposite parties 1 and 2 are directed to pay jointly and severally an amount of Rs.20, 000/-(Rupees twenty thousand only) as compensation for the mental agony suffered by the complainant and pay Rs.2500/-(Rupees Two Thousand Five Hundred omly) towards the cost of the proceedings within one month from the date of receipt of this order failing which the amount except cost carries interest @ 9% per annum from the date of default till realisation.

                     A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

                         Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Commission, this the 20^th day of April 2022.

 

Sd/-                                             

      PREETHA G NAIR      : MEMBER (Pre -I/c)

 

 

                                                                                                              Sd/-

                                                                                          VIJU.V.R                  : MEMBER

 

 

 

 

 

 

 

 

 

 

Be/

APPENDIX

List of witness for the complainant    _- NIL

List of Exihibits for the complainant

Ext.P1              - copy of Dreams mobiles card of acknowledging the receipt

Ext.P2              - Copy of complaint mailed on 08.10.2020 to Lenovo India Customer Support

Ext.P3              - Copy of web pages of Lenovo India Website showing Drams mobiles

Ext.P4              - Confirmation audio by Lenovo India Customer Care

Ext.P5              - Copy of facebook chat with Lenovo India executive regarding this issue on 13.10.2020

List of witness for the opposite parties – NIL

Exhibits for the opposite parties            - NIL

                                                                                                              Sd/-

                                                                        PREETHA.G.NAIR         : MEMBER (PRESIDENT I/C)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BEFORE THE DISTRICT

CONSUMER DISPUTES

 REDRESSAL COMMISSION

VAZHUTHACAUD :

THIRUVANANTHAPURAM

 

CC 214/2020

ORDER DATED  : 20.04.2022