Haryana

Kaithal

275/21

Paras Gupta - Complainant(s)

Versus

Shivam Communication - Opp.Party(s)

Sh.S.K Mangal

28 Feb 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KAITHAL.

                                                     Complaint Case No.275 of 2021.

                                                     Date of institution: 29.10.2021.

                                                     Date of decision:28.02.2023.

Paras Gupta S/o Sh. Pankaj Gupta r/o Main Bazar Pundri, District Kaithal.

                                                                        …Complainant.

                        Versus

1. Shivom Communications Bansal Building First Floor, Pipli Chowk, Kurukshetra through its owner/partner/authorized Agent.
2. Tech-Connect Retail Private Limited, Marasandra and Madnahatti-Venkatapura Villages, Kasaba Hobli, Malar Taluk, District Kolar, Malur, Baglore, Karnataka.
3. ASUS India Private Limited, 201 Ashoka Bhawan, Building No.93, Nehru Place, New Delhi through its Managing Director/Authorized Signatory.
4. Flipkart Internet Private Limited Head Office, Block-B, Sector-25, Sarita Vihar, Badarpur, New Delhi.

….Respondent.

        Complaint under Section 35 of the Consumer Protection Act, 2019.

CORAM:     DR. NEELIMA SHANGLA, PRESIDENT.

                SMT. SUMAN RANA, MEMBER.

                       

Present:     Sh. S.K.Mangal, Advocate, for the complainant.   

                Respondents exparte.

               

ORDER

DR. NEELIMA SHANGLA, PRESIDENT

        Paras Gupta-Complainant has filed this complaint under Section 35 of Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the respondent.

                In nutshell, the facts of present case are that the complainant purchased a Asus VivoBook 15 core i3 7^th generation X543UA-DM341T Laptop for a sum of Rs.24,490/- vide invoice dt. 23.10.2020 with warranty upto 31.10.2021 from respondent No.2 through respondent No.4.  It is alleged that in the month of August, 2021 the aforesaid laptop developed some incurable & inherent defects and started to run slowly and even laptop’s functions were not working in proper manner and laptop also developed having hanging problem.  It is further alleged that the complainant made a complaint in this regard with customer care of respondent No.3 and received an e-mail dt. 09.08.2021 from respondent No.1 (Service-centre) for collection of laptop for repair and returned the same on 09.09.2021 but the problem was not cured and still persisted.  It is further alleged that inspite of changing the spare parts of the aforesaid laptop, the same is not working in proper manner.  The complainant requested the respondents several times to replace the said defective laptop with the new one but the respondent did not redress the grievances of complainant.  So, it is a clear cut case of deficiency in service on the part of respondents and prayed for acceptance of complaint.     

2.            Upon notice, the respondent did not appear and opted to proceed against exparte vide order dt. 22.04.2022 of this commission.

3.               Ld. Counsel for the complainant tendered in evidence affidavit of complainant Ex.CW1/A alongwith documents Annexure-C1 to Annexure-C7 and thereafter, closed the evidence.    

4.             We have heard the learned counsel for complainant and perused the case file carefully and minutely.

5.             Sh. S.K.Mangal, Adv. for the complainant has argued that the complainant had purchased a Asus Vivo Book 15 core i3 7^th generation X543UA-DM341T Laptop for a sum of Rs.24,490/- vide invoice dt. 23.10.2020 with warranty upto 31.10.2021 from respondent No.2 through respondent No.4.  He has further argued that in the month of August, 2021, complainant started facing the issue that the said laptop has started working very slow and hanging problem.  Hence, complainant registered a complaint with the respondent to solve the problem and their team examined the laptop and tried to solve the problem but failed.  He further argued that the laptop was in warranty period as it was purchased on 23.10.2020 and problem crept in the laptop in the month of August, 2021 and despite repair of said laptop, the defects were not removed by the respondents.

                The counsel Sh. S.K.Mangal for the complainant has stated that the laptop is defective and is not in working condition and it should be replaced with the new one.  Respondents are also proceeded against exparte as they did not appear in the court even one time. 

6.             Thus, as a sequel of above discussion, the present complaint is accepted exparte with cost.  The respondents jointly and severally are directed to replace the laptop of complainant with the new one within 45 days from today.  The cost is assessed as Rs.2,000/- which will be paid by the respondents to the complainant. 

7.             In default of compliance of this order, proceedings against respondents shall be initiated under Section 72 of Consumer Protection Act, 2019 as non-compliance of court order shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty five thousand rupees, but which may extend to one lakh rupees, or with both. A copy of this order be sent to the parties free of cost. File be consigned to the record room after due compliance.     

Announced in open court:

Dt.: 28.02.2023.

   

                                                                (Dr. Neelima Shangla)

                                                                President.

 

       

                (Suman Rana),          

                Member.

Typed by: Sanjay Kumar, S.G.