DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

 C.C. No. 348/2022

Date of Filing:                      Date of Admission:             Date of Disposal:

                   03.11.2022                               10.11.2022                                 15.06.2023

P R E S E N T                :-    Smt. Sukla Sengupta………………….President.

     :-    Smt. Monisha Shaw..…………………. Member.

                                         :-    Sri.  Abhijit Basu…. …………………. Member.

            JUDGMENT

            The complainant filed this case u/s 12 of the Consumer Protection Act, 1986.

            The brief facts of the case is Complainant purchased laptop on 31/12/2021 from India Pvt. Ltd., authorized dealer of M D Computer Pvt. Ltd., Opposite Party 1 is the computer and laptop manufacturer. Opposite Party No. 3 M. D. Computers Pvt. Ltd. is retailer and wholesaler of the Acer India Pvt. Ltd. Complainant purchased a laptop (Acer) of Rs. 56,500/- from O.P. No. 3 by cash. On 14/09/2022 the display board of laptop was break down within warranty period, so, the Complainant at first called over telephone to the service centre and thereafter visited the centre in Kolkata i.e. AFORE SERVICE.COM LTD. , O.P. No. 4 issued a delivery challan. It is mentioned that on 27/09/2022 information received from O.P. No. 4 that the motherboard of the laptop was damaged and required replacement and thereafter on 01/10/2022 O.P. No. 4 over telephone informed that motherboard of the laptop was not available in the market so they were not able to repair the said laptop. The Complainant sent demand / legal notice on 21/10/2022 but in vein. The service centre of the manufacturer company informed that the motherboard is not repairable within warranty period. The case is within the territorial and pecuniary jurisdiction of this Commission. In the instant case, the Complainant is a consumer and the Opposite Parties are service provider but Opposite Parties failed to provide service which will be treated as deficiency of service.

Issue raised for delivery judgment

1 Whether the case is maintainable or not?

2.Whether the case filed within time or not?

3. Whether the complainant is entitled to get relief or reliefs or not?
 

Contd. To Page No. 2 . . . ./

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C.C. No. 348/2022

Decision with Reason

            Complainant purchased a laptop on 31/12/2021 by paying cash of Rs. 56,500/- from O.P. No. 3 and O.P. No. 3 issued receipt for the same. From 14/09/2022, display board of the said laptop was broken down within warranty period. On 27/09/2022 O.P. No. 4 i.e. service centre of the manufacturer company informed that motherboard of laptop was damaged and again also informed by the O.P. No. 4 that the motherboard of the laptop was not available in the market so he could not able to repair the said laptop. Here, Complainant is a consumer as he purchased laptop but within warranty period O.P members did not and / or could not repair the said laptop. In this case, Opposite Parties are service provider but they did not provide service which would be treated as deficiency of service. Therefore, the Opposite Parties are liable to return the purchased amount to the Complainant. After receiving the notice from this Commission O.P members did not feel any urge to appear before this Commission.

            It is also mentioned that the Complainant filed this case U/s 12 of the Consumer Protection Act, 1986. It is hyper-technical matter and no hyper-technical matter stood in the way of any of the parties to any case in order to enjoy his or her liability and due to such reason none can be deprived from his right. This case is treated as U/s 35 of the Consumer Protection Act, 2019.

            Here, Complainant did his work as consumer but O.Ps failed to provide their service which would be treated as deficiency of service.

Hence,

it is ordered,

            That the case being no. C.C./348/2022 be and the same is allowed and heard ex-parte.

            It is hereby directed all the opposite parties jointly and / or severally to refund the amount of Rs. 56,500/- to the Complainant within two (02) months from the date of delivery of this judgment.

Failing which this complainant has liberty to file execute case as per law.

Let plain copy of this order be given to the parties free of cost as per CPR, 2005.

Dictated & Corrected by me                      

Member

Member                                                         Member                                             President