Orissa

Cuttak

CC/99/2020

Sasmita Panda - Complainant(s)

Versus

Reliance Retail Limited - Opp.Party(s)

D Nayak & associates

27 May 2022

ORDER

IN THE COURT OF THE DIST. CONSUMER DIUSPUTES REDRESSAL COMMISSION,CUTTACK.

                                                                C.C.No.99/2020

Sasmita Panda,

W/O:Pradipta Kumar Mohapatra,

Flat No.1,First Floor,G.P.Das Lane,

At/PO:Chandinichowk,

(Infront of Royale Garden),

P.S:Lalbag,Dist:Cuuttack.                                                            ... Complainant.

 

                                                Vrs.

1.        Managing Director/Director

Reliance Retail Limited Forum Esplanade Mall,

Ground Floor,Shop No.LG156A6B7,Rasulgarh,

Bhubaneswar,Dist:Khurda.

 

2.        Dell International Services India Private Limited,

India Customer Centre,M-4,Cipcot Industrial Park,

Sunguvarchatram,P.O:Sriperumbudur Taluk,

Dist:Kancheepuram,Chennai-602106...Opp. Parties.

                       

Present:               Sri Debasish Nayak,President.

                                Sri Sibananda Mohanty,Member.

 

Date of filing:    24.11.2020

Date of Order:  27.05.2022

 

For the complainant:            Mr. D.Nayak,Adv. & Associates.

For the O.Ps.       :                     None.

 

Sri Debasish Nayak,President                                      

            The case of the complainant as made out from the complaint petition in short is that the complainant had purchased one Dell Laptop Regd. Model No.P89F201 vide service tag No.3C4SMT2 from the authorized shop bearing shop No.LG156A6B7 name and style as Reliance Retail Limited Forum Esplanade Mall, situated at Ground Floor,Rasulgarh,Bhubaneswar on 16.2.2020 on payment of a huge amount through Bajaj Finance Limited.  The complainant has alleged that after one and a half month of purchase the Laptop started showing problems and was not functioning properly for which the complainant’s purpose of purchasing the laptop was vitiated and due to the pandemic Covid-19 the online classes of his son was regularly hampered  The complainant has intimated a number of times to the shopowner about the defects in the Laptop but O.P did not take steps to repair the Laptop.  The complainant’s further allegation is that he sent messages through email address of the O.P.  The complainant made several requests for repairing/replacement of the defective Laptop but the same was not complied.  Being harassed, the complainant sent legal notice dt.7.9.2020 to Dell International Services India Pvt. Ltd, India Customer Centre,M-4,Cipcot Industrial Park,Chennai and on 9.9.2020 by Reliance Retail Limited at Forum Esplanade Mall,Rasulgarh,Bhubaneswar.  The complainant also registered complaint before Lalbag Police,Urban Police Division,Cuttack on 2.9.2020 and before the Cyber Crime dt.8.9.2020.  Ultimately, finding no other alternative, the complainant has  approached this Commission praying for direction to the O.Ps to refund the amount of the said Laptop amounting to Rs.83,414.12 alongwith interest @ 13% per month from the date of 16.2.2020 till the date of payment alongwith compensation and litigation expenses of  Rs.10,000/-.   The complainant has filed all the relevant documents to support her case..

2.         Though notice was issued to the O.Ps on several occasions but they did not appear for which they were set exparte vide order dt 23.2.2021.

3.         Keeping in mind the contentions as made in the complaint petition and the documents as filed by the complainant, this Commission feels it proper to settle the following issues for proper adjudication in this case.

            i.          Whether the case is maintainable?

            ii.         Whether there is any deficiency in service on the part of the O.Ps?

            iii.        Whether the complainant is entitled to the reliefs as claimed by her?

Issues No.1 & 2.

            For the sake of convenience issues no.1 & 2 are taken up together first for consideration here in this case.  On perusal of the documents as available it is noticed that admittedly the complainant had purchased one Dell Laptop vide Model No. No.P89F201 vide service tag No.3C4SMT2 from the authorized shop bearing shop No.LG156A6B7 name and style as Reliance Retail Limited Forum Esplanade Mall, situated at Ground Floor,Rasulgarh,Bhubaneswar for consideration of Rs.83,414.12 on 16.2.2020.  When there was defects noticed in the said Laptop, in spite of request of the complainant that was not taken care of by the O.Ps for which the complainant had to file this case.  Thus from the evidence as made out it can well be said here that by not attending to the defect of the Laptop purchased by the complainant, the O.Ps have in fact caused deficiency in service and are thus  liable.  The case of the complainant as such is maintainable.  Accordingly these two important issues are answered in favour of the complainant.

Issue No.3.

            From the above discussions, it can well be said here that the complainant is entitled to the reliefs as claimed. Hence it is so ordered;

                                                            ORDER

            The case is decreed exparte against both the O.Ps.  Both the O.Ps are jointly and severally liable in this case.  They are directed to rectify the defect in the Laptop as sold by them to the complainant without any charge within a month hence or in the alternative replace the said Laptop with a new one of the same model and style within a month hence or in the alternative to repay the amount of Laptop to the complainant with interest @ 9% per annum from 16.2.2020 till the final payment is made.  The O.Ps are further directed to pay a sum of Rs.10,000/- towards mental agony as suffered by the complainant and also to pay another sum of Rs.10,000/- to the complainant towards litigation fees.

Order pronounced in the open court on the 27^th day of May,2022 under the seal and signature of this Commission.

                                                                                                                                        

                                                                                                                            

                                                                                                                              Sri Debasish Nayak

                                                                                                                                        President

                                                                                                                       

                                                                                                                             

                                                                                                                         Sri Sibananda Mohanty

                                                                                                                            Member.