Order No.                 .

This is an application u/s.12 of the C.P. Act, 1986.

          Complainant by filing this complaint has submitted that complainant purchased a laptop model LT HCL 0030 having Serial No.C123AE52406 under Tax Invoice No.2045 dated 15-02-2013 from the OP on 15-02-2013 for a price of Rs.22,360/- and payment was made in cash and said payment is also mentioned in the said tax invoice but since purchase the said laptop was not functioning and on and from 23-05-02013 after that a complaint being No.8502916046 dated 28-05-2013 was lodged with the Customer Care of HCL.  Thereafter, the said laptop was taken away by M/s. Vijay Enterprise being the authorized service centre of HCL for repairing of the same but in respect of several reminders said laptop was not delivered and considering such sort of negative attitude complainant sent a letter through registered post with A/D but the OP did not take any steps in spite of the existence of warranty period of the said laptop and this activities of the OP amounts to unfair trade practice which are inequitable, unfair, unjust and contrary to law and in the above circumstances complainant has prayed for relief.

          On the other hand OP by filing written statement has submitted that no doubt on 15-02-2013 complainant purchased the said laptop on running condition and paid the value of the goods being satisfied and it was used by the complainant for commercial purpose and that on 11-07-2013 almost after 5 months from the date of purchase of the said laptop the complainant wrote a letter to the OP Company and on 05-0-8-2013 the complainant wrote another letter.  OP sent reply on 03-09-2013 to the complainant stating all the facts and it is specifically submitted that OP sent the service provider of HCL and OP is the manufacture of goods and even after receipt of the letter from the complainant OP contacted with M/s. Vijay Enterprise to whom the complainant delivered the laptop for repairing and there was no objection and M/s. Vijay Enterprise confirmed OP to vide their letter dated 27-03-2014 that the complainant had taken delivery of the alleged laptop after service to his satisfaction on 09-07-2013 and till date the complainant using the laptop without any problem and in the above circumstances OP has prayed for dismissal of the complaint.

Decision with Reasons

On proper scrutiny of the record and considering the argument as advanced by the Ld. Lawyer of both the parties and also considering the silent attitude of Ld. Lawyer of Vijay Enterprise it is clear that the said laptop after repairing by the service centre was delivered to the complainant in good condition on 09-07-2013 and complainant submitted his satisfaction about the working condition of the same and complainant has been running the laptop without any problem.  In fact, complainant has failed to substantiate the fact that laptop is not in working condition and moreover on proper queries from the complainant it was found that complainant did not file any questionnaire also to the OP and ultimately complainant left the Forum.  But even then after considering the entire materials it is found that complainant got back the said laptop on 09-07-2013 from the Service Centre but the case was filed against the seller from whom he purchased but service centre or the manufacturer are not made party in this case but anyhow it is found from the complainant that complaint was filed on 18-11-2013 but reason for filing this complaint is intentionally to this Forum because he himself submitted such satisfaction letter to the Vijay Enterprise, the Service Centre to the said laptop on 09-07-2013 on receipt of the same and practically complainant has failed to prove that there is no defect in the said laptop and no warranty is there and invariably always complainant made approach the service centre for any sort of repair or check up or ext and no doubt in the present case complainant has failed to prove his grievance by any means and practically complainant has realized that his grievance had already been redressed by the service centre, he got back the said laptop after proper repairing and it is working in good condition and there is no problem and complainant has also failed to prove that service centre did not give any service.

In the result, the case fails.

Hence,

Ordered

That the case be and the same is dismissed on contest against the OP but without any cost.