West Bengal

South 24 Parganas

CC/346/2015

Sri Arindam Gupta. - Complainant(s)

Versus

Sri Samarjit Dey, C/O M/S. Equinox Systems and Technologies. - Opp.Party(s)

03 Feb 2016

ORDER

               DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , JUDGES’ COURT, ALIPORE KOLKATA-700 027

 

C.C. CASE NO. ___346__ OF ___2015____

 

DATE OF FILING : 29.7.2015_     DATE OF PASSING JUDGEMENT:_03.2.2016____

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :   Sharmi Basu  &  Subrata Sarker

 

COMPLAINANT                  :  Sri Arindam Gupta, 1/1/1, Gariahat Road South,

                                                   P.O Jodhpur Park, P.S. Lake, Kolkata – 68

 

-VERSUS  -

 

O.P/O.Ps                                 : SriSamarjit Dey,

                                                  C/O M/s Equinox Systems & Technologies,

                                                  2 Sarat Ghosh Garden Road, Dhakuria, P.S Kasba,

                                                  Kolkata – 31.

 

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

Sri Udayan Mukhopadhyay, President

 

            The short case of the complainant is that he has purchased one Laptop- Notebook ,make-ASUS, Serial no.E2 NO CX 440703080 which has been wrongly printed in the Tax Invoice as E2 WO CX 440703080  at a consideration of Rs.19,950/- on 21.8.2014 from the O.P. The Cash Memo is annexed as Annexure A. it has claimed that he has no knowledge regarding the facilities available in the said Laptop at the time of purchase but thereafter due to lack of his technical knowledge the O.P seemed to exploit that just to save his time and effort in loading the basic software/facilities in the new laptop. Thereafter at the time of purchase of the Laptop complainant was not supplied with the Mother Board , CD which is essential component of it on the ground that in case of Laptop needs formatting and re-loading the operating system, the Mother Board is needed. It has further stated that inspite of repeated request through telephone calls , the O.P had taken the Laptop from the complainant on 26.12.2014 just to get the key-board repaired from the ASUS Service Centre, using the manufacturer-given warranty of one year . Thereafter, he returned the Laptop on 31.12.2015 . But complainant at the time of operating the said Laptop has experienced that the same problems remain as it is . Thereafter complainant has approached Regenersis India Ltd. ,the authorized ASUS Service Centre at 3, Kokul Baral Street, 2^nd Floor, near Hind Cinema, Kolkata – 12 which has been shifted to 32A, C.R. Avenue, Kolkata -12 but the problem was not solved. Thereafter complainant has come to know that due to wrong Serial Number in the Tax Invoice instead of correct Serial number it was not been repaired ,for which, this complaint is filed with a payer to refund Rs.19,950/- towards the cost of Laptop along with interest @8% p.a till final payment, compensation to the tune of Rs.70,000/- and litigation cost of Rs.10,000/-.

            On 30.9.2015 O.P appeared in person and filed one application for filing Written version and the said prayer was allowed but thereafter O.P did not appear, for which, this case is fixed for exparte hearing.

            Points for decision in this case is whether there is any deficiency in service on the part of the O.P or not.

                                                            Decision with reasons

            Admittedly complainant purchased a Laptop as per Tax Invoice from the O.P amounting to Rs. 19,950/- and it has also come to the knowledge of the complainant that the Serial Number has been wrongly mentioned in the Tax Invoice itself, for which the inherent defect has not yet been able to repair by the Service Center and the O.P also did not take any initiative to change or alter the said Laptop which is a deficiency in service on the part of the O.P ,particularly when after appearance of the O.P in person , he did not take any step. This circumstances also clearly justify that O.P has impliedly admitted the allegation leveled against him and the said allegation is connected with the defect of the Laptop. In order to avoid the payment O.P fled away after appearance which is unfair trade practice.

            Thus, we find that due to unchallenged testimony and document of the complainant, complainant has successfully proved his case that O.P acted deficiency in service and unfair trade practice.

            Hence,

                                                                        Ordered

That the application under section 12 of the C.P Act, 1986 is allowed exparte against the O.P.

The O.P is directed to refund Rs.19,950/- along with interest @8% p.a on and from 21.8.2014 ( the date of purchase) till its realization.

The O.P is further directed to pay compensation to the tune of Rs.10,000/- and litigation cost of Rs.2000/- to the complainant within  30 days from the date of this order, failing which further interest will carry @15% p.a on the total awarded amounts from the date of this order till its realization.

Complainant is at liberty to execute the order through this Forum.

Let a plain copy of the judgement be supplied to the complainant free of cost  and a plain copy be sent to the Opposite parties  at their address as mentioned in the Cause title through this Forum free of cost.  Office to do the needful.

               

 

 

Member                                               Member                                               President

 

Dictated and corrected by me

 

 

 

                        President

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The judgement in separate sheet is ready and is delivered in open Forum. As it is ,

 

Ordered

That the application under section 12 of the C.P Act, 1986 is allowed exparte against the O.P.

The O.P is directed to refund Rs.19,950/- along with interest @8% p.a on and from 21.8.2014 ( the date of purchase) till its realization.

The O.P is further directed to pay compensation to the tune of Rs.10,000/- and litigation cost of Rs.2000/- to the complainant within  30 days from the date of this order, failing which further interest will carry @15% p.a on the total awarded amounts from the date of this order till its realization.

Complainant is at liberty to execute the order through this Forum.

Let a plain copy of the judgement be supplied to the complainant free of cost  and a plain copy be sent to the Opposite parties  at their address as mentioned in the Cause title through this Forum free of cost.  Office to do the needful.

               

 

 

Member                                               Member                                               President