Delhi

North East

CC/39/2023

Nitin Sagar - Complainant(s)

Versus

Star Computer & Laptop Store - Opp.Party(s)

16 Feb 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.39/23

In the matter of:

	Shri Nitin Sagar, S/o Sh. Prem Singh, R/o H.No. A-298, Gali No. 2, 25 Futa Road, Meet Nagar, Delhi 110094	Complainant
	Versus   [
	Star Computer & Laptop Store, Office at: G-3, 32, 33, Kushal Bazar, Nehru Place, New Delhi 110019	Opposite Party

 

DATE OF INSTITUTION:         JUDGMENT RESERVED ON:                         DATE OF ORDER  :

20.02.2023 18.12.2023 16.02.2024

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

 

ORDER

 

Anil Kumar Bamba, Member

The Complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019.

Case of the Complainant

1. The case of the Complainant as revealed from the record is that on 05.03.2022, the Complainant had purchased a new laptop of ACER ASPRE 5 from the Opposite Party. After 10 months the said laptop stopped working properly. Complainant stated that he tried to complaint on ACER website only but they declined the request of the Complainant because the warranty of the said laptop had already expired. It is his case that he checked the warranty then Complainant shocked because he purchased the said laptop on 05.03.2022 and the warranty of the said laptop was expired on 04.03.2022. Complainant stated that Opposite Party had given an obsolete or outdated laptop whose guarantee was already expired. After that he went to the dealer and told about the said incident but dealer was refused to exchange the said laptop with new one and told that they could repair the said laptop. Complainant stated that ACER service centre had repaired the said laptop without any cost but they did not exchange the said laptop. Hence, this shows the deficiency of service on the part of Opposite Party. Complainant has prayed for Rs. 45,000/- i.e. the cost of the laptop and                Rs. 25,000/- on account of mental harassment.
2. None has appeared on behalf of the Opposite Party despite service of notice to contest the case. Therefore, Opposite Party was proceeded against ex-parte vide order dated 27.04.2023.

Ex- Parte Evidence of the Complainant

3. The Complainant in support of his case filed his affidavit wherein he has supported the assertions made in the complaint.

Arguments & Conclusion

4. We have heard the Complainant in person and we have also perused the file. The averments made by the Complainant in the complaint are supported by his affidavit and documents filed by him. The Opposite Party did not appear and did not file any written statement. Therefore, the averments made in the complaint are to be believed.
5. It is clear from the documents that the Complainant had purchased the laptop on 05.03.2022 from the Opposite Party and service report of the manufacturer of the laptop shows that the warranty of the said laptop was expired on 04.03.2022 i.e. before the date of sale of the said laptop. In our considered opinion, complaint is covered under para 1 of the section 6 of Consumer Protection Act 2019 as unfair trade practice was adopted by the Opposite Party.
6. In view of the above, the complaint is allowed. Opposite Party is directed to pay Rs. 45,000/- i.e. the cost of the laptop to the Complainant along with interest  @ 9 % p.a. from the date of filing the complaint till recovery after receiving the said laptop. Opposite Party is also directed to pay Rs. 10,000/- to the Complainant on account of mental harassment and litigation expenses along with interest @ 9 % p.a. from the date of this order till recovery. 
7. Order announced on 16.02.2024.

Copy of this order be given to the parties free of cost

File be consigned to Record Room.

(Anil Kumar Bamba)		(Surinder Kumar Sharma)
(Member)		(President)