Kerala

Thiruvananthapuram

CC/12/2022

Sangeetha - Complainant(s)

Versus

Proprietor,Lalith Infosis - Opp.Party(s)

30 Dec 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

PRESENT

      SRI.P.V.JAYARAJAN             : PRESIDENT

  SMT.PREETHA.G.NAIR          : MEMBER

                                      SRI.VIJU.V.R               : MEMBER

 

CC.NO.12/2022 (Filed on : 06/01/2022)

ORDER DATED : 30/12/2022

COMPLAINANT

Sangeetha.S

Sarala Bhavan, MNRA 140

Anayara.P.O

Thiruvananthapuram – 695029

(Party in person)

VS

OPPOSITE PARTY

The Proprietor (Sanjay)

Lalith Infosis, Mathalakulam Complex,

Chackai.P.O, Thiruvananthapuram

Pin – 695 024

ORDER

SRI.VIJU.V.R                 :MEMBER

1.       This complaint is filed under section 35 of Consumer Protection Act 2019. The brief facts of the case is that the complainant purchased a laptop of Dell Company at a price of Rs.40,000/- (Rupees forty thousand only) on 26/10/2020 from the opposite party. The complainant was made to believe that it was a latest one. The opposite party has given only an invoice to the complainant regarding the laptop. The complainant asked the opposite party to provide warranty for the said laptop after the expiry of one year. But the opposite party has replied that the laptop is not under warranty and the company has entrusted all the maintenance to the opposite party. When the complainant approached the authorized service center of Dell Company it was understood that the laptop delivered by the opposite party was of 2014 made and the warranty was expired on 2017. So its warranty cannot be renewed. The opposite party has sold a used and expired laptop to the complainant by charging a price of a new laptop. The act of opposite party amounts to unfair trade practice, hence this complaint.

2.       The opposite party entered appearance and filed version. It is admitted by the opposite party that the complainant has purchased a laptop from him for an amount of Rs.40,000/- (Rupees forty thousand only). The complainant after a period of 12 months came to the opposite party and demanded for warranty. The complainant has filed this case against the opposite party for getting monetary benefits from the opposite party. The complainant has purchased the laptop for the use of another person other than the complainant. The complainant has filed this complaint for getting unlawful enrichment from the opposite party, hence complaint may be dismissed.

  3.     Issues to be ascertained:

1. Whether there is any unfair trade practice from the side of opposite party?
2. Whether the complainant is entitled to get the reliefs?

4.       The complainant has filed proof affidavit and has produced 2 documents which were marked as Exts.P1 & P2. It is evident from Ext.P1 that the complainant has purchased a laptop for an amount of Rs.40,000/- (Rupees fourty thousand only). On going through the Ext.P2 it can be seen that the warranty expired on 2017. So it is clear that the opposite party has delivered an old laptop to the complainant instead of a new one. The opposite party after filing the version has not turned up and also not produced any evidence before this commission, hence deposition of the complainant stands unshaken and there is nothing to rebut the evidence putforth by the complainant. The opposite party is bound to give warranty to the laptop but the opposite party has not done that. From the documents produced by the complainant, we find that the complainant has succeeded in proving his case and there is unfair trade practice from the side of the opposite party. Hence the opposite party is liable to compensate the complainant.

In the result, complaint is allowed. The opposite party is directed to repay Rs.40,000/- (Rupees fourty thousand only) and can take back the laptop and pay Rs.5000/- (Rupees five thousand only) as compensation for the mental agony suffered by the complainant and pay Rs.2500/-(Rupees two thousand and five hundred only) towards cost of this proceedings within one month from the date of receipt of this order failing which the amount except cost will carry an interest     @ 9% per annum from the date of order till realization.

          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 30^th day of December 2022.

                                                                                  Sd/-

P.V.JAYARAJAN   : PRESIDENT

 

                                                                                              Sd/-

  PREETHA .G.NAIR: MEMBER

 

                                                                                                Sd/-

VIJU.V.R     : MEMBER

 

Be/

 

 

APPENDIX

CC.NO.12/2022

List of witness for the complainant

PW1                      - Sangeetha.S

List of Exihibits for the complainant

Ext.P1                   - Invoice copy dated 26/10/2020

Ext.P2                   -Copy of support service details

List of witness for the opposite party – NIL

List of Exhibits for the opposite party – NIL

Court Exhibits                                     - NIL

 

                                                                                                   Sd/-

                                                                     PRESIDENT