Kerala

Idukki

CC/221/2019

Shaji Sadasivan - Complainant(s)

Versus

Taj Home appliancess - Opp.Party(s)

22 Sep 2021

ORDER

DATE OF FILING :09/12/2019

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, IDUKKI

Dated this the 22^nd day of September 2021

Present :

SRI.C.SURESHKUMAR PRESIDENT

SMT.ASAMOL P. MEMBER

CC NO.221/2019

Between

Complainant : Shaji Sadasivan,

Mannoosseril House,

Vandiperiyar Kara, Vallakadavu

(By Adv.Shiji Joseph)

And

Opposite Party : 1 . Taj Home Appliances,

Vandiperiyar Kara, Vandiperiyar,

Peermedu Taluk, Idukki District,

Represented by its Proprietor.

2 . Acer India Pvt. Ltd., XXXII/2611 A-1,

1^st Floor, Sivangari PJ Antony,

Cross Road, Palarivattom,

Cochin – 682 025.

Represented by its Area Manager

3 . ESQIRE Computers,

Pulickal Trade SH-1, Nagampadam, Kottayam.

Represented by its Manager.

(By Adv.Vikraman Nair N.G.)

 

O R D E R

SMT. ASAMOL P. (MEMBER)

 

The facts of the case are as hereunder.

 

1 . On 20/06/2018, the complainant purchased a laptop manufactured by Acer India Pvt.Ltd ie, the second opposite party from Taj Home Appliances ie, the first opposite party for Rs.33,500/- with one year warranty.

 

2 . During the warranty period, laptop became inoperable. As per instructions from first opposite party, complainant entrusted the laptop on 23/05/2019 to M/S Esquire Computers ie, the third opposite party. At that time, he was told that it would take about one month for repairs. But third opposite

(Cont.....2)

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party could not rectify the defect. Finally, the complainant took back the laptop by the end of October 2019.

 

3 . Non- repair and no-replacement of laptop is gross deficiency in service. Hence complainant is entitled to get the laptop replaced or its cost refunded. The complainant is entitled to get compensation also. Hence following reliefs and sought for by complainant.

 

(a) The opposite parties 1 and 2 may be directed to replace the laptop with the same make and give one year additional warranty in the alternate to refund Rs.33,500/- to the complainant.

 

(b) Opposite parties 2 and 3 may be ordered to pay Rs.10,000/- as compensation for deficiency in service.

 

( c) The opposite parties may be also directed to pay Rs.5000/- as cost of the complaint and such other reliefs also may be granted.

 

Notice served from this commission. Opposite parties 1 and 2 did not appear before this Commission or have filed written version. Hence they were set exparte. Third opposite party entered appearance and filed written version.

 

The third opposite party submitted the following contentions in its version.

 

1 . Third opposite party is running a Computer maintenance, gadget sales and service centre at Kottaym. It is not an authorised service centre or service centre of any computer sales or manufacturing company at any time and he is running his business as self employment for his livelihood.

 

2 . There is no defect or deficiency in service rendered by opposite party. The complainant came to the third opposite party's shop and enquired about Acer Company's authorised service centre at Kottayam. Unfortunately the authorised centre was shut down due to lack of work. This was informed to complainant at that time itself. Then complainant requested third opposite party to check the laptop. Upon checking it had some operating problems. This was informed to complainant. Complainant then entrusted his laptop to third opposite party. After two weeks he came and collected the laptop after satisfying himself that laptop is

(Cont.....3)

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functioning smoothly. Complainant paid Rs.350/- as service charge to this opposite party.

 

3 . After one month, complainant visited the shop and informed that the laptop is not switching on. Then immediately this opposite party contacted the second opposite party through their toll free number collected from the internet, for and on behalf of the complainant then and there itself in the presence of the complainant. Second opposite party asked for original invoice of the laptop purchased by complainant. He had only a copy of invoice without invoice number. Immediately complainant left the shop informing that he will come on another day with original invoice. Then after 2 months this opposite party was served upon a notice from this Hon'ble Commission. Till then there was no contact from the complainant's side.

 

4 . Hence this opposite party is not liable to compensate the complainant in any manner. There is no deficiency in service from the part of this opposite party. This complainant is not entitled to get any relief from the third opposite party.

 

The complainant filed proof affidavit and adduced evidence. He was examined as PW1. Two documents produced were marked as Ext.P1 and Ext.P2. P1 is Tax invoice and P2 is a slip from Esquire company. The complainant has produced the laptop before this Commission and it was marked as MO1.

 

The point which arises for consideration is that whether there is any deficiency in service from the part of these opposite parties, if so what relief is complainant entitled to?

 

The Point:- We have heard the counsel for complainant and the counsel for the third opposite party. The first and second opposite parties have not appeared or filed written version. We have perused evidence and records. There is no evidence to prove that the third opposite party is an authorised service centre of Acer Company, else there is no service deficiency proved against him. We find that the laptop was defective within the warranty period. Hence the second opposite party is liable to either replace the laptop or to refund the price of the product.

 

(Cont.....4)

 

-4-

 

In the result, complaint is allowed. Second opposite party is directed to refund the price of laptop Rs.33,500/- to complainant and also directed to pay Rs.5000/- as compensation and Rs.5000/- as cost of the proceedings to complainant.

 

Pronounced by this Commission on this the 22^nd day of September, 2021.

 

Sd/-

SMT. ASAMOL P. (MEMBER)

Sd/-

SRI.C.SURESHKUMAR, PRESIDENT

 

 

APPENDIX

 

Depositions :

On the side of the Complainant :

PW1 - Sivaprasad

On the side of the Opposite Party :

Nil

Exhibits :

On the side of the Complainant :

Ext.P1 - Tax invoice

Ext.P2 - A slip from Esquire company

On the side of the Opposite Party :

Nil

 

 

Forwarded by Order

 

 

SENIOR SUPERINTENDENT