1. On 14.03.2020 the complainant purchased a LENOVO Laptop from the Op at Rs. 40,000/-, but the said Laptop turned defective only after gap of 4-5 months.

2. When the matter was brought to the seller's notice - the seller sent an Engineer on 09.08.20 to render the laptop fit for use. The said Engineer did the needful and issued a slip saying “ the machine is now perfect”.

3. Again on 12.09.20 the seller's Engineer inspected the laptop, did the needful and made the laptop working. He, however issued another slip stating “ 5 days under observation to see whether the laptop was functioning properly or not”. On 22.09.2020 and also on 23.09.2020 it was reported through email to the Ops that the Laptop was still running problem.

4. Request was made to the Op for its replacement by new one. But the Op started to take time for getting the Laptop repaired but ultimately did nothing. This is why the complainant has filed this complaint against the Op seeking refund of the price of the Laptop, cost of litigation and compensation of Rs. 5,000/-.

5. The Op did not appear in response to notice to contest the case for which the case was posted for ex parte hearing. But after completion of recording of evidence the Op entered appearance and participated in hearing argument after filing BNA.

6. The only question which has t be decided in this case is whether the complainant get any relief from the Op or not. We have gone through the material on record subsuming the BNA, evidence on affidavit as produced by the complainant, the purchase receipt, Engineer's reports dt. 09.08.2020 and 12.09.2020 and e-mails which were sent by the complainant after 12.09.2020.
7. After careful consideration of the aforesaid documents and evidence and after hearing the Ld. Advocates on both sides we find that the Laptop which was purchased by the complainant on 14.03.2020 developed some defects after gap of a few months and those defects could not be removed by the engineer/mechanics of the Ops, in spite of their best endeavour being made on 09.08.2020 and 12.09.2020. Even at the stage of argument the O.P. offered to put in free service for the repair of the laptop and to extend warranty for three months (vide para 8 of the Written Arguments).

8. The Ld. Advocate appearing for the Ops concedes to the fact that the Laptop in question is still defective. Therefore, an appropriate order has to be made either fore replacement of the said Laptop or fore refund of the price thereof with compensation and litigation cost. For no fault on her part the complainant had to file this case against the Op by incurring some expenses. The said expenses may be calculated at Rs. 5,000/-. The complainant had also to suffer tension, harassment, loss of time and loss of peace of mind which needs to be compensated. A sum of Rs. 3000/- in the lump may be awarded as aforesaid compensation. We think that an order for replacement of the old laptop by new one with compensation of Rs. 3000/- and litigation cost of Rs 5000/- should be passed in the case in hand.

9. The complainant would get her Laptop being no. Lenovo 81VV00DXIN replaced by new Lenovo 81VV00DXIN or by any other model bearing price tag of Rs. 40,000/ to 42,000/-

    10.   Hence, it is ordered that the case be and the same is allowed on contest.

The Op will pay Rs. 5000/- as litigation cost plus 3,000/- as compensation totalling Rs. 8000/- to the complainant within 30 days hence, failing which amount will accrue interest @ 12% p.a.

The Op is directed for replacement of the complainant’s Laptop by new Lenovo 81VV00DXIN or by any other model bearing price tag of Rs. 40,000/ to 42,000/-

Let plain copy be given to the party free of cost as per CPR. 

   Dictated and corrected by

  [HON'BLE MR. Lakshmi Kanta Das]
                 PRESIDENT