By Sri.P.K,.Sasi, President
The case of the complainant is that he has purchased a Laptop on 28/09/12 from the opposite party by paying Rs. 32,950/-. On 17/11/12 when the laptop showed complaints, it was entrusted with the opposite party for rectifying complaints. They provided a service authorization form to the complainant in which it is mentioned that not powering on. Whereas, the opposite party neither repaired the laptop nor intimated anything regarding the repairing of the laptop to the complainants. The complainant enquired with the opposite party on several occasions even then no relief received. Then a Lawyer Notice was issued on 12/12/12 and a reply was sent by the opposite party expressing their willingness to replace the laptop with a new one. Whereas, nothing mentioned regarding compensation. According to the complainant the opposite party sold a low quality product to the complainant saying that the laptop is the best among the available category. The complainant purchased the laptop for the usage of his day today affairs. Whereas, the laptop was defective and become useless for him. By selling a low quality product and without providing sufficient necessary services the opposite party has committed unfair trade practice as well as deficiency in service towards the complainant, which caused unnecessary mental agony, monetary loss and heavy hardship to the complaint. Hence, this complaint is filed for getting relief.
2) On being noticed on the complaint opposite party entered appearance through counsel and filed detailed version. It is admitted by the opposite party in their version the sales of the laptop as well as the entrustment of laptop for repairing, on 17/11/12. According to the opposite party since the laptop was having some sort of severe complaints they have referred to the service provider company at Ernakulam, after informing the complainant and getting his consent on 26/12/12. The service provider company after examining the laptop, offered replacement of the product with a new one. Accordingly, the complainant was informed and requested him to approach the opposite party to receive new product. Whereas, the complainant was not amenable for that. All these facts mentioned in the reply notice sent to the complainant on 20/12/12. The opposite party denied all other allegations stated in the complaint. The opposite party further submitted that they have not committed any sort of unfair trade practice or deficiency in service towards the complainant and prayed for dismissal of the compliant with cost.
3) Then the case was posted for evidence and the points for consideration was that
1) whether there was any unfair trade practice or
deficiency in service happened on the part of
opposite party ?
2) If so what cost and relief ?
4) From the side of complainant he has appeared before the Forum and submitted proof affidavit in which he has affirmed and explained all the averments stated in the complaint in detail. He was examined as PW1 and thoroughly cross examined by counsel for the opposite party. He also produced four documents which are marked as Ext. P1 to P4. Ext. P1 is the supply order/ quotation dtd. 26/09/12; Ext. P2 is the service authorization form dtd. 17/11/12; Ext. P3 copy of Lawyer Notice with postal receipt dtd. 12/12/12 and Ext. P4 is the A/D card. From the side of opposite party service engineer appeared before the Forum and submitted counter proof affidavit in which he has affirmed and narrated all the contentions stated in their version in detail. He was examined as RW 1 and vehemently cross examined by complainant’s counsel. He also produced 2 documents which are marked as Ext. R1 & R2. Ext. R1 is the reply notice and Ext. R2 is the A/D card. Both sides filed detailed argument notes and we heard in detail also.
5) The case of the complainant is that he has purchased a laptop and within 2 months itself it has become functionless and the opposite party after collecting the laptop for repairing neither repaired nor replaced it. Whereas, the opposite party contented that since there was severe complaints to the laptop they were ready to replace it with a new one. Whereas, the complainant was not turned up to accept their offer.
6) We have gone through the contents of the affidavit and perused the documents produced from both sides. The learned counsel for the complainant argued that the complainant has purchased the laptop by spending nearly Rs. 33,000/- with much anticipation for his day today affairs. He further submitted that the complainant happened to purchase the particular laptop believing the words of the opposite party that the laptop is the best among the available category. Moreover, the laptop purchased on 26/9/12, and on 17/11/12 itself it was entrusted to the opposite party with severe complaints. Only in the reply notice sent by the opposite party on 20/12/12, they have expressed their willingness to replace with a new one. The learned counsel submitted that they have not intimated anything regarding their willingness to replace the laptop to the complainant before the reply notice. They simply prolonged the matter to this litigation. The learned counsel further argued that if at all there was any genuineness in their willingness they could have produced the new laptop before the Forum along with their version. That was not done by the opposite party. At the same time learned counsel for the opposite party vehemently argued that there was no need for filing this complaint. He could have collect a new laptop from the opposite party, instead of that he demanded heavy compensation and disputed the matter.
7) On considering all these points we are of the opinion that before getting the Lawyer Notice the opposite party could have informed the complainant regarding their willingness to replace the laptop with a new one by recordically. That was not done by the opposite party. Moreover, the documents available before us shows that the laptop purchased by paying huge amount become functionless within 2 months itself. Considering the points discussed hereinabove, we are of the opinion that the laptop sold by the complainant was having some inborn manufacturing defects and that was not rectified by the opposite party by immediate replacement, which amounts to unfair trade practice as well as deficiency in service on their part.
In the result, we allow this complaint and the opposite party is directed to return Rs. 32,950/- (Rupees Thirty two thousand nine hundred and fifty only) along with Rs.5000/- (Rupees five thousand only) as compensation and cost to the complainant within one month from receiving copy of this order. Failing which, the complainant is entitled to get 12% interest for all the amount till realization.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 17th day of December 2016.
