DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PALAKKAD
Dated this the 05th day of May, 2022
Present : Sri.Vinay Menon V., President
: Smt.Vidya.A., Member
: Sri. Krishnankutty.N.K.,Member
Date of filing: 15/02/2021
CC/30/2021
Shahnas.A - Complainant
D/o Ameer.S, IQLAS,
Chungam Peruvemba,
Palakkad, Kerala – 678 531.
(Party in person)
Vs
1.The Customer Support Manager,
Acer India(Private) Limited,
Embassy Heights,6th Floor,
No.13, Magrath Road,
Bangalore- 560 025,Karnataka. - Opposite Parties
(By Adv. Ranjith Davis)
2. The Manager,
Infra Technologies,
12/873, First Floor,
V & V Apartments, Near Karur Vysya Bank,
Vellan Street,Sulthanpet,Palakkad- 678 001.
(By Adv.Feroze Arakkal)
3. The Managing Director,
The Amazon India,
Brigade Gateway,8th Floor,
26/1, Dr.Rajkumar Road,
Malleshwaram(W),
Bangalore- 560 055, Karnataka.
(By Adv.Kalapana.N.A)
4. The Manager
5 Computers(Unit of Virtus Technologies)
No.314,7th Main,80 Ft Road,
HRBR Layout, Stage 1, Kalyan Nagar,
Bangalore, Karnataka-560043.
(By Adv. K.C.Deepa)
O R D E R
By Sri. Krishnankutty.N.K.,Member
Brief pleadings of the complainant.
1. The complainant purchased an Acer Swift 3 Laptop(Model No.SF313-52-53QN) on 03/10/2020 on payment of Rs.68149/- from opposite party 4 through the online platform of opposite party 3.
The allegation of the complainant is that the on 09/01/2021, the display of the laptop went black and stopped working when used as usual, while the computer was within its warranty period.
The complainant then requested support from opposite party 2 service centre of opposite party (1) and also registered the issue with opposite party 1 on the same day. Support staff of opposite party 2 suggested replacement of Mother Board. Inspite of repeated requests with opposite party 1 & 2, neither the mother board was replaced nor the defect rectified.
Hence the complaint.
2. Registered notices were issued to opposite parties on 22/02/2021. On 08/04/2021 opposite parties 1 to 3 appeared before the Commission. Opposite party 4 was absent and hence was set exparte.
3. In the version filed on 08/04/2021, the opposite party 1 had expressed their willingness to replace the laptop computer with an ‘Acer’ branded new laptop computer of similar configuration as full and final settlement. The opposite party 2 also filed their version on 14/03/2022 duly indicating the offer made by the opposite party No.1.
4. The complainant had been continuously absent for the sittings from 10/08/2021 onwards. Further, she has never made any objection to the offer made by the opposite party 1 for replacement of the laptop. It was also directed to call all the parties for Adalath on 25/03/2022. However neither the complainant nor the opposite parties attended the Adalath.
Hence the case was taken for orders based on merit.
5. In view of what are stated above, this Commission is pleased to order
as follows.
1. The opposite party 1 is directed to replace the laptop computer with Acer Branded new laptop of similar configuration, if the complainant/her authorised representatives, approaches the 2nd opposite party(being the one nearest in proximity to the residence of the complainant) or any other opposite party of her choice, either in person or by way of written communication within 90 days of receipt of a copy of this order. The complainant shall also return her old defective computer upon receiving the new computer.
Pronounced in open court on this the 05th day of May 2022.
Sd/-
Vinay Menon V
President
Sd/
Vidya.A
Member
Sd/-
Krishnankutty.N.K
Member
