D.o.F:23/8/16

D.o.O:23/5/17                     

                 IN THE CONSUMER DISPUTES REDRESSAL FORUM IDDUKKI

                                                                CC.NO.263/16

                                               Dated this, the 23rd day of May 2017

PRESENT:

SRI.S.GOPAKUMAR : PRESIDENT

SRI.BENNY.K.            : MEMBER

Subin Baby, Thattayath Veedu,

Karinkunnam, Po, Thodupuzha,                                                               :  Complainant

(Adv.K.M.Sanu) 

1.Manager, Oxygen the Digital Shop,

   S Squared Technologies, Akshaya Building                                           : Opposite parties

   Moovattupuzha Road, Thodupuzha Po.

2.Maging Director, HP Global Soft Pvt Ltd

   HP Avenew , Survey No. 39, Electronic City

   Phase 2, Hosur Road, Bangalore 5600100 

 (Adv.Lissy M.M)

                                                                                             ORDER

SRI.BENNY.K :MEMBER.

      Complainant had purchased a Lap Top from the Ist opposite party manufactured by the 2^nd opposite party, HP Global Soft Pvt.Ltd for Rs.47300/-.  Opposite parties provide a warranty of one year  while purchasing the Lap top and assured that the  system is installed in original windows  software.  After a few days of purchase the  Lap top display became defective and the  system was entrusted the Ist opposite party and he rectified the same. But on 11/12/15 again  same complaint repeated and the  laptop became  switched off and not working.  Again on 9/1/16  and 10/9/16 the same complaint is repeated within the warranty period itself the Lap top  shows various manufacturing defects.  Due to the repeated defects in the lap top, it affected the study of the complainant and he lost various days also.  The act of opposite parties is a clear deficiency in service by selling defective Lap top and not rectifying the defects in the warranty period.  Hence the complainant approached  before the Forum for unfair trade practice and cost and compensation for the same.

2.  As per the written version filed by the Ist opposite party states that he is only a dealer and  the warranty and  after sale services provided by the 2^nd opposite party.  The 1^st  opposite party admitted the purchase of Lap top to the complainant which was manufactured by  2^nd opposite party and 2^nd opposite party offered the warranty for one year.  The 1st opposite party attended  all the issues on  charged basis since it is required  man power and was not under  covered any kind of warranty offered by the manufacturer.

3.  2^nd  Opposite party  remain absent and  set exparte.   

4.   The point for consideration is whether there  is  any deficiency in service on the part of opposite parties and if so  for what  relief  the complainant is entitled to ?

5.   The evidence consists of oral testimony of PW1 and Exts.P1 to P4 marked from the side of the  complainant.  No evidence  adduced by the opposite parties.

6.   The complainant is examined as PW1  and he had purchased a Lap top from the Ist opposite party which was manufactured by the 2^nd opposite party for Rs.47300/- on 15/9/2015.  Ext.P1 is  retail invoice & Ext. P2 is warranty card  provided a warranty of  one year for  any manufacturing  defects.  While purchasing the Lap top  1 st opposite party had assured that the system  is installed  with  original windows.  The seller provided the warranty card to the complainant and that was on behalf of the manufacturer.  The lap top was defective from the date of its purchase.  This defect was  duly  reported to the Ist opposite party immediately.  The 1^st opposite party  examined the lap top and rectified  the defects  but  again and again same complaint is repeating.  As the Lap top purchased on 15/9/2015 on the same day itself it became  defective and it did not give proper service even within the warranty period, the1st  opposite party was  bound to replace it or return the  money back.  We the Forum  find  gross deficiency in service on the part of the  1^st  opposite party.  In spite of the notice, the 2^nd opposite party never turned  up and not filed any written version.  Moreover the complainant is an  engineering student and lap top is very essential  for his studies.

     Hence the petition allowed.   The  opposite parties  are jointly and severally  directed  to refund the cost  of the lap top as per Ext.P1 and also directed to  pay Rs. 5000/- as the cost and compensation to the complainant within 30 days from the date of receipt of  copy of this order, failing which the said amount shall carry 12% interest per annum  from the date of default till realization  .

Pronounced in the open forum  on this  the  23^rd      day of  May 2017  .

                                                                                                                                     Sd/

                                                                                                                        SRI.BENNY.K          :MEMBER

                                                                                                                                      Sd/

                                                                                                                       SRI.S.GOPAKUMAR : PRESIDENT

Exts:

P1-Retail Invoice

P2-Warranty card

P3-Service call reports

P4-goods inward note

PW1-Subin Baby-complainant

/Forwarded by Order/

SENIOR SUPERINTENDENT

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