In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No. 39 / 2011.
1) Santanu Kumar Das,
Siddharth Enterprise, 14, C.R. Avenue, Kolkata-700014. ---------- Complainant
---Versus---
1) Regional Sales Manager (East),
Lenovo (India) Pvt. Ltd.,
Mangalam Business Centre, 6th Floor, Block-A,
22, Camac Street, Kolkata-700016.
2) Lenovo (India) Pvt. Ltd. representing
Ferns Icon, Lever-2, Doddenakund Village,
Marathhalli, Post Kr. Puram, Tobil, Bangalore-560037.
3) Manager / Authorised Person representing
Planet Computer,
29, R.N. Mukherjee Road, Kolkata-700001. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Sharmi Basu, Member
Order No. 19 Dated 30/07/2012.
The petition of complaint has been filed by the complainant Santanu Kumar Das against the o.ps. M/s. Lenovo India Pvt. Ltd and others. The case of the complainant in short is that complainant had purchased one Lenovo laptop on 5.6.10 from o.p. no.3 for an amount of Rs.27,561/-. A complaint was registered by complainant with o.p. nos.1 and 2 on 29.7.10 intimating booting problem. Thereafter, several attempts of intercession between the parties was held but failed. Moreover, o.ps. agreed to refund the invoice amount to complainant and vide e-mail dt.30.8.10 o.ps. asked complainant to supply the name that is to be mentioned in the banker’s cheque, the said cheque was not issued by o.p. in favour of complainant. Hence, the case has been filed by complainant with the prayer mentioned in the prayer portion of the petition of complaint.
O.p. nos.1 and 2 had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them. O.p. no.3 did not contest the case by filing w/v and matter was heard ex parte against o.p. no.3 accordingly. Ld. Lawyer of o.p. nos.1 and 2 in course of argument has submitted that the instant complaint is not maintainable and complainant has no locus standi to file the case as a consumer before this Forum and also has raised the allegation against the complainant for suppression of fact before this Forum and prayed for dismissal of the case.
Decision with reasons:-
We have gone through the pleadings of the parties, evidence and documents in particular. It is an admitted position that complainant purchased a computer from o.p. nos.1 and 2 on 5.6.10 for running his business for his livelihood as well as members of his family vide para 2 of the petition of complaint. Further case of the complainant is that the said laptop stopped functioning within two months from the date of purchase and registered of complaint on 29.7.10 vide complaint no.ID5075771 and thereafter complainant went on perusing the matter to o.ps. by several correspondences, but o.ps. did not pay heed to that. We find that there is no dispute between the parties as is apparent from the record that complainant purchased a laptop on 5.6.10 from o.ps. and complainant made several correspondences with o.ps. for remedy, but without any fruitful result. Ld. Lawyer of o.p. in the course of argument submitted that the instant case is not maintainable, but on perusal of the careful scrutiny of the entire materials on record we do not find anything that the instant case is not maintainable and contention of o.p. that complainant does not have any locus standi to file the case being a consumer is not sustainable vide para 2 of the petition of complaint and that apart o.ps. did not produce any document showing that the said laptop was being used by complainant for commercial purpose and the case lyses record to ld. Lawyer of o.ps. is hardly applicable in this case in the context of the facts and circumstances disclosed on record.
Therefore, in view of the above findings we are of view that o.ps. had deficiency in rendering service and also in supplying defective goods being a service provider to its consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the petition of complaint is allowed on contest against the o.p. nos.1 and 2 with cost and ex parte against o.p. no.3 without cost. O.p. nos.1 and 2 are hereby jointly and/or severally directed to pay a sum of Rs.27,561/- (Rupees twenty seven thousand five hundred sixty one) only together with interest @ 9% p.a. from the date of purchase i.e. 5.6.10 till the date of realization and are further directed to pay compensation of Rs.20,000/- (Rupees twenty thousand) only for harassment and mental agony and litigation cost of Rs.1000/- (Rupees one thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties.
